1 city of pontiac planning commission meeting june 3

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1 CITY OF PONTIAC 2 PLANNING COMMISSION MEETING 3 JUNE 3, 2015 4 6:30 p.m. 5 6 Meeting before The Pontiac 7 Planning Commission at 47450 Woodward Avenue, Pontiac, 8 Michigan, on Wednesday, June 3, 2015. 9 10 11 PRESENT FROM THE CITY: 12 C. James Sabo, Planner Gordon Bowdell, Associate Planner 13 14 PRESENT FROM THE BOARD 15 16 17 18 19 Dayne Thomas - Chairperson Ashley Fegley - Vice Chairperson Mona Parlove Lucy Payne Mayor Deirdre Waterman Hazel Cadd Christopher Northcross 20 OTHERS PRESENT: 21 Jesus Saucedo 22 Ryan and Gary Ignasiak Juston Yono 23 Jeffrey J. Huhta 24 25 REPORTED BY: Mona Storm, CSR# 4460 S T 0 R M R E P 0 R T I N G (810) 441-0898

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Page 1: 1 CITY OF PONTIAC PLANNING COMMISSION MEETING JUNE 3

1 CITY OF PONTIAC

2 PLANNING COMMISSION MEETING

3 JUNE 3, 2015

4 6:30 p.m.

5

6 Meeting before The Pontiac

7 Planning Commission at 47450 Woodward Avenue, Pontiac,

8 Michigan, on Wednesday, June 3, 2015.

9

10

11 PRESENT FROM THE CITY:

12 C. James Sabo, Planner Gordon Bowdell, Associate Planner

13

14 PRESENT FROM THE BOARD

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Dayne Thomas - Chairperson Ashley Fegley - Vice Chairperson Mona Parlove Lucy Payne Mayor Deirdre Waterman Hazel Cadd Christopher Northcross

20 OTHERS PRESENT:

21 Jesus Saucedo

22 Ryan and Gary Ignasiak Juston Yono

23 Jeffrey J. Huhta

24

25 REPORTED BY: Mona Storm, CSR# 4460

S T 0 R M R E P 0 R T I N G (810) 441-0898

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S T 0 R M R E P 0 R T I N G (810) 441-0898

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INDEX

ACTION

Call to Order

Roll Call

Communications

Minutes For Review (5-6-15)

Approved

Public Hearings and Site Plan Reviews

PF-15-31

Motion approved

PF-15-33

Motion carries

PF-14-34

Motion carries

PF-15-36

Motion carries

PF-15-37

Motion carries

New Business

Ordinance Amendments Approved

Unfinished Business

Other Items

Public Comments

Adjournment

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1 Pontiac, Michigan

2 Wednesday, June 3, 2015

3 6:36p.m.

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THE CHAIRPERSON: So welcome to this

evening's Pontiac Planning Commission Meeting for

Wednesday, June 3, 2015. We don't have a lot of items

on the agenda but we have five, two of which are public

hearings, which, on average, take little bit longer.

Procedurally, we'll try to move through as

quickly as possible. But, to public speakers, if there

are any that are coming, and a friendly reminder to my

fellow commissioners and to myself to try to capsulize

our -- our comments and questions, think through before

we get it so that we're in the interest of our

petitioners moving through as quickly and --

procedurally as quickly as possible.

So just quickly, to my far left I'll

introduce Commissioner Christopher Northcross. To my

immediate left is City Planner James Sabo. My far

right is Associate Planner Gordon Bowdell. Then, next

to him, is Commissioner Mona Parlove and then

Commissioner Lucy Payne and then I'm Chairman

Dayne Thomas.

Mr. Sabo, may we have roll call, please.

MR. SABO: Commissioner Parlove?

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MS. PARLOVE: Here.

MR. SABO: Commissioner Payne?

MS. PAYNE: Here, present.

MR. SABO: Mayor Waterman. Not here yet.

Commissioner Northcross?

MR. NORTHCROSS: Present.

MR. SABO: Commissioner Fegley will be here

shortly.

Commissioner Cadd?

Chair Thomas?

THE CHAIRPERSON: Present.

MR. SABO: We have a quorum.

THE CHAIRPERSON: Okay. Thank you. Do we

have any communications?

MR. SABO: I do not.

THE CHAIRPERSON: Looking left and right, no

questions. So that moves us to Minutes for review.

For those of you who have had a chance to

look at this, we --this is a full transcript so it's

38 pages. And so, if you have -- I'm going to go to

each one of you for any comments or clarification.

it is a transcript, which means that it's basically

word-for-word. It is certified by our recorder. So

I haven't, personally, had a chance to review it in

detail. Frankly, it put my printer into overload so

S T 0 R M R E P 0 R T I N G (810) 441-0898

But

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but, anyhow, Commissioner Northcross, any comments with

regard to the minutes?

MR. NORTHCROSS: Yes, it's word-for-word. I

thought it captured our words exactly as said. In

terms of its content, I don't have any objections,

except for it seems rather long. I'm not sure we

require a word-for-word item for -- a word-for-word

recount of what we said for our minutes. Is there any

benefit of just capturing the significant items that

we -- we say --

MR. SABO: Yeah, we're--

MR. NORTHCROSS: -- the motions

MR. SABO: Commissioner Northcross.

MR. NORTHCROSS: -- and the actual votes?

MR. SABO: Mr. Chairman.

THE CHAIRPERSON: Yeah?

MR. SABO: Yeah. We're working on that. A

transcript is not required under State statute.

Ms. Storm is trying to locate a minute-taker

for us so in the interim, we have to have something.

So Ms. Storm has done a great job.

Thank you very much.

THE CHAIRPERSON: That will work.

MR. NORTHCROSS: So, I mean, it captured the

meeting word-for-word and it was fantastic to read.

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THE CHAIRPERSON: Okay.

MR. NORTHCROSS: So -- in terms of its

content, I have no objections against what was in

there.

THE CHAIRPERSON: Okay.

MR. NORTHCROSS: Just a question of do we

need that much.

THE CHAIRPERSON: No, that's a fair question,

a fair question.

Commissioner Parlove, please.

MS. PARLOVE: No comments.

THE CHAIRPERSON: Okay. Commissioner Payne?

MS. PAYNE: No comments.

THE CHAIRPERSON: Thank you. And to me, once

again, I'm taking it on that it's a full transcript,

basically almost word-for-word. It is what we said

what we said, so I approve it as is.

Okay. That takes care of the minutes.

That's one of the faster review of the minutes that

we've had.

MR. SABO: We need a motion.

THE CHAIRPERSON: I mean, that's pretty good.

MR. SABO: We need a motion.

THE CHAIRPERSON: Oh. I'm sorry.

have a motion to approve.

S T 0 R M R E P 0 R T I N G (810) 441-0898

May we

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MR. NORTHCROSS: So move.

THE CHAIRPERSON: Second?

MS. PAYNE: Second.

THE CHAIRPERSON: A second. Any comments

before we take roll call?

Mr. Sabo.

MR. SABO: Mr. Northcross?

MR. NORTHCROSS: Yes.

MR. SABO: Ms. Parlove?

MS. PARLOVE: Yes.

MR. SABO: Ms. Payne?

MS. PAYNE: Yes.

MR. SABO: Mr. Chair?

THE CHAIRPERSON: Yes.

Motion carries unanimous.

THE CHAIRPERSON: Okay. Thank you. First up

on the public hearings on our agenda is Item P

PF-15-31. It is a lot split request at 824 Saint

Claire Street.

And Mr. Bowdell.

Mr. Bowdell will represent.

MR. BOWDELL: Thank you. It's PF-15-31.

It's a lot split request for 824 Saint Claire Street.

Zoning is M-2, General Industrial District. This is

the site here. This is Saint Claire Street. This is

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Montcalm. The lot split request by RACER property

to -- and the purpose is to split it to -- for the sale

to the adjacent property owner. This is the existing

lot and this is zoomed in. I'll zoom out in a second.

And, essentially, the lots will become like this. So

this is existing and that is what is proposed. Zoning

is M-2. It's industrial property and a tire repair

shop and the proposed land use for the combination

would be just for the tire repair shop.

The setbacks all -- all comply. In

accordance with the City of Pontiac subdivision

ordinances, a lot split must meet the minimum. Zoning

ordinance standards, in this case, the requirements for

a site plan review are not applicable but all the bulk

area and parking requirements must be met. The

proposed lots conform to all those requirements and, as

I stated, the proposal is for the request for a RACER

property, to split a portion of their lot and convey it

to the adjacent property owner.

Based on that, the recommendation is to

approve both lot splits for the RACER property, subject

to providing and recording all necessary public

utilities and public easements.

That's my report and I believe the adjacent

property owner is here.

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MR. SAUCEDO: No, he couldn't make it.

Mr. Humerez, the purchaser?

MR. BOWDELL: Yes.

MR. SAUCEDO: No, no.

MR. BOWDELL: Okay. I can answer any

questions. Pretty straightforward.

THE CHAIRPERSON: Okay. So just a question.

You're not speaking on behalf of the Petitioner or the

owner or are you planning to field questions?

MR. SAUCEDO: Well, if there was any

question, yeah, that's what I'm here for.

THE CHAIRPERSON: Would you mind going to the

podium, then, and giving us your name and your address

and any questions that you can't answer, then perhaps

Mr. Bowdell can fill in for us.

Your name and address, please.

MR. SAUCEDO: Yeah, my name is Jesus Saucedo.

My address is 27665 Doreen Street, Farmington Hills.

THE CHAIRPERSON: Thank you very much. And

anything that you'd like to add to or modify or any

questions with regard to Mr. Bowdell's presentation?

MR. SAUCEDO: Well, Mr. Humerez's purpose of

buying those four lots is to tent them in and store the

vehicles because some vehicles have been stolen off of

his open lot and that's what he's trying to avoid.

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THE CHAIRPERSON: Okay. Okay.

MR. SAUCEDO: He wants to lock them in there

on the people that -- when they don't finish the

vehicles on the repairs overnight. So that -- that's

his main thing.

THE CHAIRPERSON: Okay. Fair enough. Fair

enough. In that regard, then, I'm going to go to my

fellow Commissioners for their comments and questions.

I'd also like to welcome in Vice-Chair

Commissioner Fegley and Commissioner Hazel Cadd. But

to Mr. Christopher -- Commissioner Northcross we shall

go.

MR. NORTHCROSS: I don't have any questions

at this time.

THE CHAIRPERSON: Okay.

MR. NORTHCROSS: No questions.

THE CHAIRPERSON: All right.

Commissioner Cadd, have you settled in enough to kind

of jump

right.

please.

MS. CADD: I'll pass right now, if that's all

Thank you.

THE CHAIRPERSON: To Commissioner Parlove,

MS. PARLOVE: No questions.

THE CHAIRPERSON: To Commissioner Payne,

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please.

MS. PAYNE: No questions.

THE CHAIRPERSON: Commissioner Fegley.

MS. FEGLEY: I have no questions.

THE CHAIRPERSON: You know, that's my boyhood

neighborhood and that's where I moved back into. It 1 s

not exactly in my backyard but it's only kind of a

couple football passes away so -- I know the business,

he seems to do a pretty good job there and, in my mind,

I'm pretty much amenable to what he's trying to get

done. So that's my question.

Commissioner Cadd -- or anything further that

you'd like to add?

MS. CADD: I just wanted to say welcome and

thank you and it's good to see the improvement. I am a

regular customer down there and I think a lot, highly

of the business. That's all I have to say.

THE CHAIRPERSON: Okay. All right. Okay.

May we have a motion?

MS. PARLOVE: I make motion to approve the

proposed lot split request, PF-15-31 for RACER

properties, LLC, subject to the following condition:

To provide and record all necessary public utility and

public access easements.

THE CHAIRPERSON: Okay.

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MS. FEGLEY: Second.

THE CHAIRPERSON: We have a move and a

second. Any further comments or question before we go

to roll call?

Okay. To roll call, please.

MR. BOWDELL: Commissioner Parlove?

MS. PARLOVE: Approved.

MR. BOWDELL: Commissioner Fegley?

MS. FEGLEY: Yes.

MR. BOWDELL: Commissioner Payne?

MS. PAYNE: Yes.

MR. BOWDELL: Commissioner Northcross?

MR. NORTHCROSS: Yes.

MR. BOWDELL: Commissioner Cadd?

MS. CADD: Yes.

MR. BOWDELL: Chair Thomas?

THE CHAIRPERSON: Yes.

MR. BOWDELL: Motion carries.

THE CHAIRPERSON: Congratulations.

MR. SAUCEDO: Thank you.

THE CHAIRPERSON: Good luck. Let us know how

we can help.

work.

MR. SAUCEDO: Okay.

THE CHAIRPERSON: Tell him keep up the good

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MR. SAUCEDO: Okay.

MR. BOWDELL: I'll talk to you tomorrow.

MR. SAUCEDO: Okay. Thank you.

THE CHAIRPERSON: Yep.

MR. SAUCEDO: Okay.

THE CHAIRPERSON: Thank you, again.

MR. SAUCEDO: Okay. Thank you.

THE CHAIRPERSON: Next item is PF-15-33.

This is a public hearing. It's a site plan

review/special exception permit and -- at

1525 Baldwin Avenue.

And Mr. Bowdell will present again.

MR. BOWDELL: Thank you. PF-15-33 Site Plan

Review and Special Exception Permit for drive-through

facility at 1525 Baldwin Avenue. The Zoning is C-1,

Local Business District.

This is the site here. It's a Dairy Queen.

West Chicago Avenue and West New York Avenue here.

Site plan review to construct a new 2,211 square foot

Dairy Queen, a parking area and landscape area. And

the site -- and the special exception permit is to,

essentially, continue that drive-through element of the

establishment.

This is the existing site. This is the

building here. They do have an outbuilding

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currently -- or a different building. This is Baldwin.

This is the proposed site plan, new

construction here, dumpster enclosure back here.

These are elevations. This is off of Baldwin

and this is the south elevation, facing West New York.

Zoning is C-1, Local Business District. It's

a permitted use except for that drive-through element.

A Dairy Queen and it's going to be a Dairy Queen as

well.

Proposed structures, 2,211 square foot

building, exterior is a brick veneer EFIS, metal

panels, new signage. They're doing a 28-space parking

lot and new landscaping and dumpster enclosure.

The placement and area of the building

conform to all setback requirements and height

requirements. It's a one-story building, brick veneer

EFIS, metal panels, eyebrow canopy and fabric awning.

Proposed EFIS does exceed the ten percent

maximum area for a building facade. He is,

essentially, asking for a modification from this

request. The Planning Department does believe that a

modification should be granted based on the design of

the building.

The design complies with the transparency

requirements, as it's on West New York. Again, this is

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off of Baldwin on the top and West New York is on the

bottom.

All signage must be approved through an

actual sign permit. There are some nonconformities as

relates to signs. I think there are two existing pole

signs on the property, only one is allowed. And it --

currently they have a new one proposed in the

right-of-way, which must be removed from that

right-of-way. They also exceed the maximum area and

height requirements.

A tree survey is not required. Exterior

lighting is not proposed. Landscaping and I

apologize. The applicant did submit a revised

landscape plan and that's not included in your

report --or my report but it's included in this

PowerPoint.

There are still some nonconformities related

to landscaping, specifically a parking lot which abuts

the right-of-way, where there -- the actual buffer

width and number of trees, the applicant is seeking to

modify it and propose some shrubs instead of those

trees; that's in the parking lot abutting the

right-of-way.

Also, street frontage landscaping, which is

in the actual right-of-way, they don't have any trees

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proposed along Baldwin or West Chicago. There are two

existing trees on West New York. They're required

three at West Chicago, three on West New York and five

on Baldwin.

Also, parking lot which abuts the residential

zonlng district to the west, they're required a

ten-foot buffer, 25 trees with at least 13 to be

Evergreen. They have a 30-foot buffer and 50

arborvitaes proposed.

These are the trees. The top is the actual

trees they are proposing to the north of the property.

These two are shrubs that they're proposing as a hedge

around the parking lot, abutting the right-of-way. And

there are 50 arborvitaes proposed in that three-foot

buffer adjacent to the residential zoning district.

They've also proposed several perennial

flowers on the property. Again, this is where the

seven trees are proposed on the north. The 50

arborvitaes are proposed in this area here and this is

all the shrubs that are acting as a hedge surrounding

the entire property.

Parking, they're required 28 spaces, they

have 28 proposed. They are required to have double

striping as well as bicycle parking, they must conform

with that requirement.

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Special exception for drive-through

facilities. Drive-through facilities must be located

on an A or B street, which meets that standard.

Drive-throughs must be built as part of the primary

structure, which it is and it meets that standard.

Building location and orientation. The

principal building to which the drive-through uses,

accessories should be located at or near setback lines.

Any building with a drive-through use shall have a

prominent pedestrian entrance facing the principal

street upon which it has frontage; it meets that

standard. Although the building is set back from the

property line, the Applicant has provided a pedestrian

walkway from the sidewalk to the entrance of the

building.

The drive through setback. Physical elements

of the drive-through use that are visible from the

exterior; canopies, ordering stations, must be set back

a minimum of ten feet from any street-facing building

wall of the primary structure, it may meet that

standard.

No ordering station or canopy is identified

on the site plan. And, should the applicant seek to

install these elements, they must ensure compliance

with this standard.

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E, the number of spaces for this use -- and

these are stacking spaces for that drive-through -- is

eight, it meets that standard.

F is not applicable.

G, stacking space dimension. Each stacking

space is 9 by 18, meets that standard.

The location of that stacking lane for that

drive-through shall not be located between the building

and a street and may not be located in a required front

yard, it does not meet that standard. The property

actually abuts three streets so it would be near

impossible to comply with that. The applicant would

have to obtain a variance, should the Planning

Commission approve the site plan to not meet that

standard.

I, Headlight glare. The landscaping that is

proposed now should help with headlight glare for the

drive-through from adjacent residential properties and

the right-of-way. So it may meet that standard now

with that updated landscape plan.

An escape lane for the drive-through is

proposed. These -- this is the standards for approval,

a discretionary approval for the Planning Commission,

that they must determine that the proposed use will be

harmonious with and in accordance with the general

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principals and objectives of the comprehensive master

plan, meets that standard. It was a Dairy Queen

before, it's going to be a Dairy Queen and the master

plan identifies it as neighborhood commercial.

To be designed, constructed, operated and

maintained so as to be harmonious and appropriate in

appearance with the existing or intended character of

the general the vicinity, it meets that standard.

The building design and orientation is to be

constructed in a way that is appropriate in appearance.

3. Not change essential character of the

area, meets that standard. As I stated, it is a Dairy

Queen currently and they're going to continue that use.

4, not be hazardous or disturbing to existing

or future uses in the same general vicinity, meets that

standard.

5, be adequately serve -- be served

adequately by essential public facilities and services,

meets the standard.

6, not involved uses, activities, processes

and materials or equipment or conditions of operation

that will be detrimental to any person, property or

general welfare, it may meet the standard at the

Planning Commission's discretion for that landscape

plan, if they choose to modify it. There is a concern

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with headlight glare for any drive-through facility.

7, maintain all proposed structures,

equipment or materials in a readily accessible manner

for police and fire protection, it meets that standard.

A planning analysis, as I stated, they're

building a 2,211 square foot building. They are

requesting a modification for the EFIS to exceed that

ten percent -- maximum ten percent requirement. The

Applicant's also seeking that special exception permit

for that drive-through facility.

The proposed building complies with all the

area placement and bulk requirements for that C-1 local

business district. All proposed signs must meet -- or

must be submitted and reviewed under a sign permit.

There are some nonconformities but those can be

resolved administratively when they submit their

application.

The revised site -- landscape plan still does

not conform to the landscape regulations. Should the

Planning Commission feel that the Applicant provided an

appropriate landscape plan, they may modify it to what

is proposed but they should consider headlight glare in

adjacent residential properties.

The proposed parking lot complies with the

numeral parking space requirement. They must have

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double striping and bicycle parking on site as well,

though.

Drive-through facilities do restrict the

stacking lanes between the building and the street. A

dimensional must be obtained. The proposed use appears

to be compliant with the discretionary approval

standards, as the use and business was operating prior.

The use is not changing, the only change is the new

construction and placement of the building.

Based on that, there is two recommendations,

there -- the first recommendation is to approve with

compliance with everything listed in the report,

including compliance with landscaping, based on our

zoning ordinance.

The second recommendation is to approve with

modification of the landscaping, to allow the

applicant -- to allow what the Applicant's proposed as

the revised landscape plan.

I can answer any questions you have and the

applicant is here as well.

THE CHAIRPERSON: Okay. Thank you very much.

And I'd like to welcome the Honorable Mayor Waterman.

Good evening.

MAYOR WATERMAN: Good evening.

THE CHAIRPERSON: And will the Petitioner

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please come forward and please state your name and

address for the record, please.

MR. RYAN IGNASIAK: Hello. Ryan Ignasiak,

3743 Rutherford Court, Waterford.

THE CHAIRPERSON: Good evening, Ryan. How

are you?

MR. RYAN IGNASIAK: Good evening.

THE CHAIRPERSON: You heard Mr. Bowdell's

presentation of your -- of your case?

MR. RYAN IGNASIAK: Yes, sir.

THE CHAIRPERSON: Anything you'd like to add

or modify or change?

MR. RYAN IGNASIAK: No, not at this time.

Everything seems to be pretty much in order. If it

matters, at this time, about the signage, we do have

two pole signs at this time. We are planning on

removing one of them on the north end. The south

existing one sits in a spot where it shouldn't hinder

traffic flow or parking and we'd like to keep that up

with our LED reader board and signage on there as well.

THE CHAIRPERSON: Okay. With that being

said, this is a public hearing but we'll go to my

fellow commissioners first. And then we'll follow up

with the public hearing. We'll collect all the

questions and we'll go from there.

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So to Commissioner Northcross, please.

MR. NORTHCROSS: Good afternoon. And thank

you for coming before this Planning Commission with

your plans and I'm looking over the plans and it looks

like it's going to be a major, major expansion of the

current facility that's there.

MR. RYAN IGNASIAK: Correct.

MR. NORTHCROSS: How many seats will you have

inside of this facility?

MR. RYAN IGNASIAK: We're proposing just a

walk-in vestibule.

MR. NORTHCROSS: Just a walk-in?

MR. RYAN IGNASIAK: We will have room for

possibly a couple stools maybe along the window, facing

Baldwin with a view. There may be potential, maybe, in

the winter months for a table or two, just to help, you

know, those that can't sit outside to eat. But we will

have a picnic table-- I'd say maybe four or five right

out front, on the south side of the building where our

patio area will be.

MR. NORTHCROSS: Okay. That's very nice. I

guess the one concern, along with headlights -- and

this is not something that, I guess, is currently part

of the standards but I would suggest that we start to

review that for some of the drive-in facilities -- is

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that of sound or noise that would come from the

exchange of ordering and confirming the order as

customers drive through.

I'm not sure exactly where that transaction

will happen, you know, the actual placement of the loud

speaker. But I would see, along with headlights,

anything that can help to dampen light would also help

to somewhat dampen sound. Although I would see

headlights as being the primary thing to focus on. And

that would be my only -- that would be my only concern

about this the plans that you presented.

I think excellent plans with just the issues

of the landscaping. Personally, I'd like to see the

full landscaping plan there. Other than that, I think

you have some excellent plans.

MR. RYAN IGNASIAK: Thank you.

MR. NORTHCROSS: And glad to see that you're

expanding here in Pontiac.

MR. RYAN IGNASIAK: Yes. No, we're excited.

We've been here 40 years.

questions.

MR. NORTHCROSS: Yeah.

MR. RYAN IGNASIAK: And no rush to leave.

MR. NORTHCROSS: Great. Great. That ends my

THE CHAIRPERSON: Okay. Thank you.

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Commissioner Cadd, please.

MS. CADD: Hi and welcome. I'm a regular

customer here as well. It's good to see it expanding.

So it's going to-- the fence side is going to be

towards Baldwin?

MR. RYAN IGNASIAK: Yes, ma'am.

MS. CADO: Okay. I think that's nice. I

like how you have the picnic area.

MR. RYAN IGNASIAK: Thank you.

MS. CADO: And I think that's a great

opportunity. I -- I like the shrubs that you're

suggesting instead.

MR. RYAN IGNASIAK: Thank you.

MS. CADO: I think that would be nice to have

it set up with the laundry mat on the one side. And I

know the one house and the people that live in that

house on that side and that sits back away from where

your order is. Is that going to stay the same, where

we normally place our orders?

MR. RYAN IGNASIAK: No, ma'am. Right now

that's on the west side.

MS. CADO: Okay.

MR. RYAN IGNASIAK: And the direction of our

voices would head due west. Now we're proposing more

on the north, possibly northeast, corner of the

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building.

MS. CADD: So the Chicago side?

MR. RYAN IGNASIAK: So there would be no

residential people whatsoever affected by it.

MS. CADD: Okay.

MR. RYAN IGNASIAK: And I'm fairly close with

a lot of my neighbors directly behind. And over the

years we've never had any complaints. I'm hoping the

reason they're not here tonight is because no one has

any objections. So that's a good thing.

MS. CADD: I think, with that expansion,

you're going to really multiply your business and

that's a good thing --

MR. RYAN IGNASIAK: It's time to grow.

MS. CADD: -- with the City. And I have no

other questions.

MR. RYAN IGNASIAK: We have a hard time

offering a lot of the products available to us because

of the size of our building. I have no room for cake

sales and other materials they're bringing in.

THE CHAIRPERSON: Very good.

To Mayor Waterman, please.

MAYOR WATERMAN: Thank you. I'm interested

in how long you had been in this facility, at this

space.

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MR. RYAN IGNASIAK: It will be 40 years in

2016.

MAYOR WATERMAN: All right. And when you

start, what is the expected time of completion? And I

know that the summer months are coming on. So are you

going to be continuing to service patrons --

MR. RYAN IGNASIAK: Yes. Our goal

MAYOR WATERMAN: during this time?

MR. RYAN IGNASIAK: -- is to put up a

temporary fence, probably right in the center of the

property, keep the existing store up and running

through the fall and winter while we build on the north

side of the building -- or the lot.

MAYOR WATERMAN: All right.

MR. RYAN IGNASIAK: And if all things go

right, hopefully break ground in September, if we

could, all of our ducks in the row, we'd like to get

through the busy months of the summer and then proceed

in the fall.

MAYOR WATERMAN: Okay. All right. And

Commissioner Northcross did talk about the noise

element with the setback meeting the zoning

requirements. That's why that number of feet was

required, in order to prevent any kind of disturbance

between a residential abutment there.

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MR. RYAN IGNASIAK: Okay.

MAYOR WATERMAN: So I think that completes.

I like the renderings, yes.

MR. RYAN IGNASIAK: Thank you.

THE CHAIRPERSON: Thank you.

To Commissioner Parlove, please.

MS. PARLOVE: Ryan, welcome.

MR. RYAN IGNASIAK: Thank you.

MS. PARLOVE: And congratulations on your

long success with the City.

MR. RYAN IGNASIAK: Appreciate it.

MS. PARLOVE: A couple of questions. First

of all, the landscape that's proposed, I am in full

support of it. I think the bushes that you suggested

along the street, the fact that you've got some yellow

perennials on site will help keep the area cheerful and

inviting. But I'm assuming that this plan is something

that is required by Dairy Queen as part of the

franchise. Is this their package that they ask you to

adhere to or is this your own undertaking?

MR. RYAN IGNASIAK: A little bit of both.

You know, we've used a lot of their recommendations, as

far as the exterior look of the building, you know,

blueprints, models of what they're introducing or

bringing out nowadays for remodels or new stores.

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You know, our exterior is very close to what

they're offering. You know, we made a few adjustments

with, you know, more brick on the bottom, let's say,

because of our northern weather as opposed to, you

know, the materials they would use down south.

But yes, to answer your question, it's pretty

much a very good rendering or -- you know, 90 percent,

maybe, of what Dairy Queen would recommend for their

exterior look.

MS. PARLOVE: Okay. A question for

Mr. Bowdell. What's the percentage of the EFIS right

now that they're using?

MR. BOWDELL: I don't know the exact

percentage. They're only allowed ten percent --

MS. PARLOVE: Right.

MR. BOWDELL: -- of a building wall. This is

all EFIS, from this all the way down, essentially, the

middle section. This is a brick veneer and this is

metal paneling. I would not know the exact percentage.

MS. PARLOVE: Okay.

MR. GARY IGNASIAK: May I -- may I answer

that? I am Ryan's father, Gary Ignasiak. That EFIS

second.

comments.

THE CHAIRPERSON: Please hold on just a

Thank you. We're looking to have your

Please identify your name --

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MR. GARY IGNASIAK: Gary Ignasiak. I'm

Ryan's father.

THE CHAIRPERSON: -- and address, please.

MR. GARY IGNASIAK: 167 9 South Riverside,

St. Clair, Michigan.

THE CHAIRPERSON: Okay.

MR. GARY IGNASIAK: It's probably about

28 percent --

THE CHAIRPERSON: Okay.

MR. GARY IGNASIAK: -- of the outside

exterior, the EFIS.

MS. PARLOVE: Okay. The reason I ask is

because we have another petitioner here tonight who's

also trying to request a variance on the amount of EFIS

used on his petition. And there's a reason that we

have this standard for the City and people keep asking

for the variance and I have a -- I personally have a

problem with it. The renderings are beautiful; there's

no question about it. But it's less than the ten

percent so is it possible to get it to ten percent?

MR. GARY IGNASIAK: Anything is possible.

Again, this is -- Ryan misspoke. This is Dairy Queen's

plan --

MS. PARLOVE: Right.

MR. GARY IGNASIAK: period.

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MS. PARLOVE: Right.

MR. GARY IGNASIAK: We have a little

flexibility, only because we've been in the system for

56 years. I would like to stay with it. And one of

the reasons we'd like to stay with it is it gives us an

opportunity, with the EFIS, to make a change in the

color scheme five years, ten years down the road,

financially with the least amount of money being spent.

It could be repainted.

Before, Dairy Queen was red, white and blue.

Today they're blue with an orange and red and we're

going to say a butterscotch color. The EFIS will be

butterscotch, a very light butterscotch. What that

does is gives us the opportunity, down the road,

instead of doing a complete remodel on the outside, to

take that EFIS and maybe paint it their existing

requirements ten years down the road.

Dairy Queen, every year, more and more, ties

our hands on what we can do as a franchisee. Because

we are a franchise, we have to adhere to Dairy Queen's

requirements -- Ryan said 90 -- probably 99 percent of

the time.

We can make some of the EFIS brick. This was

our original plan, coming forward. We can probably add

more brick. The expense is a little bit more but I

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would hate to have to paint brick down the road a

different color if Dairy Queen so deems it. The EFIS

just offers us greater flexibility.

MS. PARLOVE: Right. I understand. I know

that's why the product is used, for that flexibility.

Even if you were -- well, I don't know if you'd bring

the metal further down, it would be easier, probably,

to bring the brick up. But that would be my request is

to increase the amount of brick used and reduce the

amount of EFIS. If it's more than 10 percent,

something in the middle, between 10 and 28, would make

me more comfortable.

MR. GARY IGNASIAK: I understand.

MS. PARLOVE: But other than that, it looks

great to me.

MR. RYAN IGNASIAK: Thank you.

THE CHAIRPERSON: Thank you.

To Commissioner Payne, please.

MS. PAYNE: Good evening. And I'd just like

to compliment you on the appearance of your business.

It -- you know, each time I've gone by, you know, it's

really -- the upkeep, I cannot expound upon how great

that it is. So we definitely appreciate that.

MR. RYAN IGNASIAK: Thank you.

MS. PAYNE: One of the other things that I

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wanted to ask, if you had surveyed your surrounding

neighbors in that area, just to see what their thoughts

are on, you know, perhaps a little bit more noise with

the speaker or --

MR. RYAN IGNASIAK: I have.

MS. PAYNE: Okay.

MR. RYAN IGNASIAK: I've had two or three

individuals approach me when they got their notice in

the mail and just some kind of, you know, wondered what

was going on and I asked a few of them their thoughts

on it leading up to submitting everything.

MS. PAYNE: Okay.

MR. RYAN IGNASIAK: And everyone seemed to

have a positive aspect. Again, I asked them, you know,

has the noise level been an issue, you know, would you

like to see, you know, better -- you know, the

structure facing a certain way or the drive-through

facing a certain way, the speaker.

And at this time, no one's complained or said

anything over the years. Our drive-through speaker has

been in that same place since we installed it probably

25 years ago

MR. GARY IGNASIAK: 30.

MR. RYAN IGNASIAK: 30. And having -- moving

it now so it's facing towards the road almost, a little

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bit, or the side street is even better because now it's

not in a direct line with any residential homes.

MS. PAYNE: Great. Super. And so you are in

agreement with the recommendations of the Department,

Planning.

MR. RYAN IGNASIAK: The recommendation for

what?

MS. PAYNE: Are you in agreement with the

recommendation?

MR. RYAN IGNASIAK: For the drive-through?

MS. PAYNE: Here, yes.

MR. RYAN IGNASIAK: Yes, yeah.

MS. PAYNE: Okay. That's all I have.

THE CHAIRPERSON: Thank you.

To Commissioner Fegley, please.

MS. FEGLEY: Hi.

MR. RYAN IGNASIAK: Hello.

MS. FEGLEY: How are you? With one of the

recommendations, it says a ground sign must be removed

from the right-of-way. Is that something that you're

planning on doing or is that the one sign that you

wanted to keep; which sign is that?

MR. RYAN IGNASIAK: The ground sign, I

believe that's a misprint. We don't have any ground

sign proposed.

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MS. FEGLEY: Okay.

MR. RYAN IGNASIAK: We show two existing pole

signs. The one on the north will be removed. Yes,

right there. And the southern one we'd like to keep.

MR. BOWDELL: Yeah, I'm guessing this is

misprint, then.

MR. RYAN IGNASIAK: Yes.

MS. FEGLEY: Okay. So it's not --

MR. GARY IGNASIAK: The existing signs are

here and here. This was for the Blind Recreational

Society and we just utilized it when we acquired that

property years ago. That proposed -- that pole will

come down. Our original Dairy Queen sign, which sits

right here, with it not in the right-of-way but on our

property, we would like to maintain and that will be

the only sign.

MS. FEGLEY: Okay. With the new landscaping

plan, does it not meet all of the street trees, then,

Gordon?

MR. BOWDELL: It is required to have street

trees by -- by the zoning ordinance and none are

proposed. These are two existing street trees.

MS. FEGLEY: Okay.

MR. BOWDELL: I think there's -- I have to

check the report but I think there's five required on

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Baldwin and three required on Chicago and three

required on West New York.

MS. FEGLEY: Okay. So there's no trees at

the top there? What are -- are

MR. BOWDELL: This is -- these are the seven

trees that are proposed on the private property.

MS. FEGLEY: Okay.

MR. BOWDELL: In addition to that, the zoning

ordinance requires three in the actual right-of-way --

MS. FEGLEY: Okay.

MR. BOWDELL: -- between the sidewalk and the

street.

MS. FEGLEY: Would you have any objection to

planting a couple street trees on Baldwin or one of the

two secondary streets?

MR. RYAN IGNASIAK: On the north side, those

seven trees, again, it was -- it was our initial

rendering. If we need to have them on the -- I'm

sorry. What's the terminology for the

MR. BOWDELL: Yeah, in the right-of-way.

MR. RYAN IGNASIAK: right-of-way, I'd be

more than happy to put as many as we need to out there

on that north side. Maybe we could stagger them

MS. FEGLEY: Okay.

MR. RYAN IGNASIAK: -- you know, some on the

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private property, some on the right-of-way.

The south side, those trees that we have

existing are good, old trees, they're huge, huge. You

know, we maintain them, trim them. But to put any on

the private property or along there, there's really no

room for it.

MS. FEGLEY: Okay.

MR. RYAN IGNASIAK: We've had some people

look, take some measurements and we couldn't put any

new trees there without removing those.

MS. FEGLEY: Okay.

MR. RYAN IGNASIAK: And on the Baldwin side,

we proposed plenty of shrubbery and greenery. The

shrubs would be deciduous, you know, shedding their

leaves in the off season.

MS. FEGLEY: Yeah, I definitely like the

arborvitae along the residential; that works well.

MR. RYAN IGNASIAK: Correct.

MS. FEGLEY: I'd just like to see maybe the

street trees that are required just to add some more

shade and a little more buffer between the people

coming out and enjoying their ice cream.

MR. RYAN IGNASIAK: Okay. Thank you.

THE CHAIRPERSON: Well, I'd personally like

to compliment you.

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MR. RYAN IGNASIAK: Thank you.

THE CHAIRPERSON: You run a very

smart-looking business, orderly, neat, clean. This

City could benefit greatly by having -- I went by any

number of businesses today, I always get a last minute

snapshot. And litter populates is one of the dreaded

issues of this City. But so your business is clean,

it's neat, it's orderly. So my compliments to that.

MR. RYAN IGNASIAK: Thank you.

THE CHAIRPERSON: And the points with regard

to building materials are good ones but I would have to

say that, most importantly, we're looking for

businesses that are well run, that looks smart and, to

me, I think it looks proper, I think it looks smart.

take on board your comments with regard to a

franchisee's later necessity to change, modify. You

know, there are a lot of businesses. Those that are

successful are able to navigate the course by changing

courses as needed. So I concur with what you're

saying.

With regard to Baldwin and the right-of-way,

I notice that Baldwin, unfortunately, is devoid of

of trees, not only in your property but kind of up and

down. So in the -- I

Gordon, what do they have there, one, two,

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three -- at least my photo shows one, two, three,

four -- not -- not up there, along Baldwin at the

corner there, there, that angle right there, that's a

right-of-way, right?

MR. BOWDELL: Correct.

THE CHAIRPERSON: And then moving up, then,

the number two right there, then three and then four,

right?

So, to the best of our ability, to put trees

in or shrubbery in there, I just -- you know, it's not

only visual but it's also with regard to water

retention and runoff and that sort of thing. So but

I'd like to compliment you. I think your business

looks very --

MR. RYAN IGNASIAK: Thank you.

THE CHAIRPERSON: I like to use that word

"smart". It looks very smart. And so those are my

comments. This is a public hearing. I'm going to open

the public hearing and anyone that has any comments,

please come forward.

It doesn't look like we have a stampede. So

I'm-- without further ado, I'm going to close Public

Hearing. And any further comments or questions before

we go to a motion?

MS. PARLOVE: May I?

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Are you willing to add -- again, for my

personal edification, is it -- is it possible to add

more brick to your facade?

MR. RYAN IGNASIAK: Yes, it's not a problem.

MS. PARLOVE: Okay.

MR. RYAN IGNASIAK: Like my father had said,

we had originally thought to put extra brick, whether

it be higher, on certain sides of the building.

MS. PARLOVE: Okay.

MR. RYAN IGNASIAK: And just seeing the

blueprints we had to work with and, you know, our

initial thoughts, this is what we submitted. But I --

we have no -- I have no problem adding more brick to

it.

MS. PARLOVE: Okay.

MR. RYAN IGNASIAK: We have that availability

to us.

MS. PARLOVE: Okay. I don't know if that's

something that we need to put into the response today

or if it's something that we can take--

MR. BOWDELL: If that's -- if the Planning

Commission would like more brick, I would ask that they

tie it into their motion.

MS. PARLOVE: Okay. Thank you.

only question.

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That's my

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THE CHAIRPERSON: Okay. Any further comments

or questions before we go to a motion?

MS. PAYNE: I guess my question would be, in

regards to the parking, and I guess I'll trust Gordon

with that, you say 28 spaces for the-- that's

MR. BOWDELL: Correct.

MS. PAYNE: That's --

MR. BOWDELL: Yeah, 28 spaces are required.

MS. PAYNE: Okay. I guess that's a pretty

busy place in the summer. Okay. Okay. That's all I

have.

THE CHAIRPERSON: Okay. May we have a

motion, please?

MS. CADD: I have one other question. Do we

have a picture that you can put up, please? Thank you.

The color one. Okay. My only question is that's

Baldwin going up and down and I -- I -- where they have

their outdoor patio, that works great all year-round.

And the way I understand the way the building is now,

it's going to be going-- the widest part is going to

be facing up and down, like parallel to Baldwin,

correct?

MR. RYAN IGNASIAK: Yes.

MS. CADD: Okay. You have the green area

there, the land that doesn't have parking.

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doing anything with that or is that going to be as is?

That part, yes.

MR. BOWDELL: This? This is all going to be,

essentially, paved. Part of their parking lot, as

they're building, basically, goes almost to this

section here.

MS. CADD: Okay.

MR. BOWDELL: And so that's going to be the

drive-through with that landscaping they had proposed

on the north end.

MS. CADD: Okay. And those front parts of

Baldwin where we want them to plant trees, my only

suggestion and the reason I thought the shrubs might be

better in certain areas than the trees is because those

trees are going to get larger every year and, at some

point, then it's going to create a problem when you're

trying to drive out on Baldwin. I think the little

shrubs would be more suitable; that's my opinion.

And maybe if the trees are down towards the

larger area where Chicago and Baldwin meet. That part,

uh-huh. But I think the part that's wider, the shrubs

that you suggest, I thought, would look great there.

Am I does that make sense or --

MS. FEGLEY: I think that top curb cut's

going to be eliminated in the new plan, correct?

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MR. RYAN IGNASIAK: Correct.

MS. FEGLEY: So that's all going to be green

space in there?

MR. BOWDELL: And just for clarification, the

shrubs are proposed on the Applicant's property. The

street trees that I believe we were referencing are,

actually, the applicant maintains but they're in-- on

City property or in the City right-of-way. And those

are, typically, if -- if they are required by the

Planning Commission, those are typically trees, not

shrubs, in the right-of-way.

MS. CADD: Okay.

THE CHAIRPERSON: Yes.

MAYOR WATERMAN: Yes. I'd like to make a

comment, just a point of clarification as we prepare to

make this motion. I've heard that the owners state

that willing to put in more brick. But I would suggest

that this be left pretty -- pretty vague so that the

amount of brick can be to the specifications of the

design plan. The design plan here looks like it has a

certain division, based upon the window, as I see.

So rather than tie them down to any specific

amount, I would like to leave some architectural leeway

here so that they can do that.

MR. RYAN IGNASIAK: Great.

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MAYOR WATERMAN: And also the fact that, even

though the EFIS is a little bit more than is

conformity, still this isn't just solid EFIS here, this

EFIS is broken up by a pretty large bank of windows

there. So I think this nonconformity is a little

different than if it were solid EFIS altogether.

So I would suggest that, if we're going to do

that, that we, you know, just leave it up to the design

plan to come up with the most esthetically pleasing way

to increase the brick.

THE CHAIRPERSON: Thank you. Any further

comments?

May we have a motion?

MS. PARLOVE: I would question, how are we

going to address the trees, then, based on what's

written here?

MR. BOWDELL: If the Commission likes the

Applicant's plan-- I apologize -- it would be this

recommendation to -- with these five conditions if they

want them to comply with all the zoning ordinance

requirements. It's essentially what is in your packet.

If they want the landscape plan that the Applicant

proposed and street trees, they would just add that to

these five conditions.

THE CHAIRPERSON: Gordon, you would have

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oversight, right, and further discussion with them with

regard to if they agree to landscaping requirements,

right?

In other words, they're not specifying,

''We're putting this here, we're putting that there''?

MR. BOWDELL: Correct, we would do that

administratively.

THE CHAIRPERSON: So what I'm trying to get

to is, in a motion, can we put it that Petitioner will

work with you to meet specifications?

MR. BOWDELL: As long as the Planning

Commission decides what those specifications are.

MS. FEGLEY: Yeah. Because one of them's 25

trees. I think that's a little much to fit in that

site.

I'm okay with a landscape plan with the trees

on both the secondary, I would just maybe like to see

two more street trees on Baldwin, just to -- that's --

that would be sufficient with the landscaping that they

have now.

MS. PARLOVE: Okay. I'd like to make a

motion, then, to approve the proposed site plan review

and a special exception permit, PF-15-33 for

1525 Baldwin Avenue, Dairy Queen, an accessory

drive-through establishment, with a modification of

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required building materials to allow the Applicant to

utilize the proposed rendering with an additional

amount of brick to replace the EFIS portion of the

exterior and subject to the following conditions of

Recommendation 2, which is on the screen, right?

With two additional street trees on Baldwin.

MS. FEGLEY: Second.

MR. BOWDELL: And just for a point of

reference for the Commission, if I may, Chair, this

motion-- the motion that Ms. Parlove made is not in

your packet. This is the based off of the revised

site plan that was submitted after these packets were

generated.

THE CHAIRPERSON: Okay.

compliance with what was proposed? Because we're in

a -- because I don't

MR. BOWDELL: Correct. It's with their

with their land-- with what Ms. Parlove's motion was

their landscape plan with the modification of the brick

and two additional street trees on Baldwin?

THE CHAIRPERSON: Correct.

MR. SABO: Correct.

THE CHAIRPERSON: Okay. We have a move and a

second, I guess.

MS. PAYNE: Yeah, there was a second.

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did.

THE CHAIRPERSON: Any comments or questions

before we go to roll call, please?

MR. NORTHCROSS: Just a question. This

Recommendation 2 differs from the current

recommendation, only in the -- the landscape plan? I

see eight items on the recommendation we have in our

package and I see five

MR. BOWDELL: All the landscape conditions

were removed.

MR. NORTHCROSS: Okay. Thank you. Thank you

for that clarification.

THE CHAIRPERSON: Okay. We'll wait for

further comments or question before we go to roll call.

Okay. Roll call, please.

MR. BOWDELL: Commissioner Parlove?

MS. PARLOVE: Yes.

MR. BOWDELL: Commissioner Fegley?

MS. FEGLEY: Yes.

MR. BOWDELL: Commissioner Payne?

MS. PAYNE: Yes.

MR. BOWDELL: Commissioner Northcross?

MR. NORTHCROSS: Yes.

MR. BOWDELL: Commissioner Cadd?

MS. CADD: Yes.

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MR. BOWDELL: Mayor Waterman?

MAYOR WATERMAN: Yes.

MR. BOWDELL: Chair Thomas?

THE CHAIRPERSON: Yes.

MR. BOWDELL: Motion carries.

MR. RYAN IGNASIAK: Thank you very much.

THE CHAIRPERSON: Congratulations.

MS. PAYNE: Congratulations.

MR. RYAN IGNASIAK: Appreciate it. Thank

you. Look forward to seeing you all. Thank you,

Ladies, and thank you, Gentlemen.

THE CHAIRPERSON: Thank you.

MS. PAYNE: Good luck.

MR. RYAN IGNASIAK: Thank you.

THE CHAIRPERSON: Okay. Item Number 3 is

PF-14-34, it is a site plan review, facade modification

request at 441 North Perry Street and Mr. Bowdell will

present.

MR. BOWDELL: Thank you. A PF-15-34 facade

modification request for 441 North Perry, Perry's

Palace. Zoning is C-1, local business district. This

is the site here, perry and Chamberlain Street. Site

plan review to permit a modification of required

building design standards, essentially, to exceed the

maximum percentage of EFIS allowed on the building.

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This is the existing building. This is a CMU

block, an awning. And this is a -- I think it's called

Tl-11 that vertical wood siding. The applicant has

proposed two options. This is a first option. This is

EFIS, a cornice and, essentially, roughly three foot of

brick veneer at the base.

And option two is roughly six feet of brick

veneer at the base with that EFIS and cornice.

Zoning is C-1, local business district. It

is Perry's Palace and will continue that use. Proposed

EFIS exceeds the required -- the ten percent brick

veneer base is proposed, new awnings are proposed and

that architectural detail at the top of the building is

proposed.

Meets all the requirements for height

requirements and placement is existing. As I stated,

the building materials is nonconforming. The primary

building material essentially shall be used on a

minimum of 60 percent of the facade, which is supposed

to be a natural or natural-appearing stone, brick or

wood.

Accent materials may be used up to 40 percent

of the facade with no more than ten percent being EFIS.

The Applicant is, obviously, seeking a

request -- a modification from that ten percent.

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Base, middle cap, it meets that standard with

the brick base, if they permit EFIS as that middle,

that would comply and that cap, for that cornice or

architectural detail.

Building transparency, 40 percent of the

front facade is posed to be transparent. Due to the

layout of the interior of the store, the Applicant is

seeking to remove two windows. The intent of the

transparency requirement is to create a more

store-front appearance. The existing windows do not

necessarily appear to meet the intent of this

requirement and the Applicant is essentially seeking a

modification for this requirement as well.

Ground story design, it meets that standard.

Mechanical equipment and service area, it

meets that standard as well.

Modification requirements, the Planning

Commission shall take these into account when granting

a modification. Approval of a modification will not

result in a development that lS incompatible with or

will negatively impact existing or potential future

development in the vicinity of the subject property.

2, the requested modification is consistent

with the intent and purpose of the zoning ordinance.

3, the modification will result in a superior

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development when compared with what could be achieved

through a strict application of the design and esthetic

requirements of the zoning ordinance.

And 4, a lesser modification will not

accomplish the same purpose as the requested

modifications.

No sign, tree survey, exterior lighting,

landscaping or parking is proposed.

The planning analysis does exceed the maximum

percentage of EFIS. The Applicant has provided two

options for -- for the proposed facade modification,

one with that three foot of face brick, two, with that

six foot of face brick at the bottom. The Applicant

has stated that they would prefer that second option,

which is that more brick facade.

The interior layout of the building appeared

to be an impediment to the design of the front of the

building. Due you to the location of their coolers,

there is a bump out on the front. That bump out

creates a unique building appearance, which appears to

prevent the Applicant from complying with that -- those

transparency requirements.

According to the zoning ordinance, due to the

uniqueness of the interior layout, a modification seems

to be appropriate for those transparency requirements.

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In order to comply with the transparency requirement,

the interior of the building would have to be

redesigned.

Both facade renovation options appear to be

an improvement to the building. The Planning

Commission may approve with conditions or deny the

modification request. The Planning Department believes

that some type of modification should be granted for

this property.

The recommendation is -- there's two. One is

to approve with that Option 1, which is the three foot

of brick and the rest EFIS. And the second option is

to approve with the six foot of brick and the rest

EFIS.

I can answer any questions you may have and

the applicant is here as well.

THE CHAIRPERSON: Thank you, Mr. Bowdell.

Petitioner, please come forward and state

your name and address for the record, please.

MR. YONO: Justin Yono, 31214 Kingsley Court

in Novi.

THE CHAIRPERSON: Good evening, Justin. You

heard Mr. Bowdell's presentation of your case.

Anything you'd like to add or change?

MR. YONO: I mean, just other than trying to

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beautify the building. It's getting old. Me and

Mr. Bowdell have been going back probably two years

now, back and forth, trying to figure out the best way

to do it. Because of that bump out, I can't put too

much brick because it won't hold back into the

foundation. I finally found somebody that's willing to

do six feet and that's why I wanted to go with Proposal

2.

THE CHAIRPERSON: Anything else you'd like

to --

MR. YONO: I mean, I've been there for 13

years, going on 14 in October. I got no violations.

I've been cooperating with the City anytime they need,

anything. I'm there and don't plan on going nowhere

for a while.

THE CHAIRPERSON: Okay. All right. Thank

you. This is not a public hearing. So, without

further ado, I'm going to go to Commissioner

Northcross, please.

MR. NORTHCROSS: Wow. I guess what's the

result in Recommendation 1 versus Recommendation 2 in

terms of coverage and everything?

THE CHAIRPERSON: Mr. Bowdell?

MR. NORTHCROSS: I guess there's a question

about being greater than ten percent and then also a

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40 percent requirement, I guess, for what, transparency

or

MR. BOWDELL: Correct. Yeah, the -- there

essentially, there's two -- these are the existing

windows. The two windows that they're looking to

remove are, essentially, here, where their coolers are

existing.

And the first option -- the first option is

to reduce -- or to increase the amount of EFIS allowed

and only have a base of brick at three feet and modify

the transparency requirement to, essentially, what's

existing, minus two windows.

The second option is to increase that brick

veneer to six feet and still modify the transparency

requirement to what is already existing on the

building.

I will say -- the only thing I will say, the

reason EFIS is -- is limited to ten percent is,

typically, it's -- it doesn't have the longevity of a

durable material, like brick or stone. And, obviously,

the more durable materials you have on the exterior of

the building for longevity purposes, it will maintain a

nicer appearance in the long run.

MR. NORTHCROSS: So with -- with the six foot

of brick, are we now meeting the ten percent?

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MR. BOWDELL: No.

MR. NORTHCROSS: Or would

MR. BOWDELL: I would say they still probably

have 55 percent EFIS or 60 percent EFIS.

MR. NORTHCROSS: And neither -- neither

option would meet the transparency requirements?

MR. BOWDELL: Correct. But to note that

there could -- it, basically, would be impossible for

them, unless they reconfigured the interior of their

building to remove this bump out. Their coolers are

located here and, essentially, if you wanted them to

met that transparency requirement, expand the windows,

they'd have to design that -- redesign the interior of

their building.

MR. NORTHCROSS: And the issue with the brick

being any higher than six feet, is that of the support

of the brick at the base?

MR. YONO: Correct.

MR. NORTHCROSS: Hmm. Okay. Yeah, but I see

that -- and I concur that either design is a step

forward from what will be an improvement than what we

have today -- a continued improvement.

MR. YONO: Yeah.

MR. NORTHCROSS: Not that what we have today

is inadequate but this would be an improvement over and

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above that.

MR. YONO: I'm right next door to

Little Caesars and there's -- he has a picket fence in

between my lot and his lot and I've spoken to him. He

said if I was to go through with this project and you

guys approved it, he's willing to sit down and talk

about me moving that landscaping, also, so that way, on

Perry, you'll have no blockage, it will be a straight

shot.

MR. NORTHCROSS: Oh, okay. Well, thank you.

No further questions.

THE CHAIRPERSON: Okay. Thank you.

To Commissioner Cadd, please.

MS. CADD: Thank you and welcome. I agree

that I like the Option 2 as a preference to the one

with the more brick, even though it doesn't, you know,

create less edifice as we would like.

I'm just kind of reminded there's some new

buildings out in Rochester by the Meijer's that looks

similar to that and it looks very esthetically-pleasing

to me.

I don't really want to, for the exterior of

the building, make them rearrange the whole inside; I

think that's an expense that we shouldn't put upon

them. They're an existing business. We want to create

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more business and that's my opinion. Thank you.

THE CHAIRPERSON: Okay. Thank you.

Mayor Waterman?

MAYOR WATERMAN: I agree with the preference

for Option 2 that has more brick. I think the main

point here is that it's beautifying and upgrading and

existing building with existing structural

particularities. And so the idea is to encourage and

abet new buildings to beautify that building for the

purpose of the community and for your patrons without

incurring undue changes to an already existing facade.

So I think that's the basis on which I would,

you know, make a decision in voting on this. In

addition to the fact that I like the fact that you are

not only talking about your own individual property but

are working out, regionally, with a business partner,

in terms of making it -- an aid and beautification of

that -- of that area. So I commend you for that as

well and for having a longstanding business there that

you want to continue to supplant and to beautify for

the community.

MR. YONO: Thank you.

THE CHAIRPERSON: Thank you.

To Commissioner Parlove, please.

MS. PARLOVE: Good evening, Justin, and

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welcome.

MR. YONO: Thank you.

MS. PARLOVE: And congratulations on your

longevity of your business.

MR. YONO: Thank you.

MS. PARLOVE: I did drive by it the other day

and it needs a little freshening for sure so thank you

for bringing these plans. They certainly are a

beautiful step in the right direction and I'm sure you

were listening to me say earlier that EFIS is a little

bit of a concern for me when it's used as a majority or

a portion of the elevation that's in excess of what the

City requests.

If you were to add more brick, and it's going

to effect the foundation of the building, I can

understand your hesitancy to add more brick. However,

there are other products that are natural or in the

case of the Petitioner that was here just before, they

had some metal that they were proposing that they were

using, which is not EFIS. Is there another option that

we can possibly explore with you?

MR. YONO: I mean, we've -- within the budget

that we're working with, this was what we can come up

with as best as we could without going with the brick.

I mean, we tried metal. Metal is getting expensive and

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it starts rusting over time and it's hard to upkeep,

where EFIS, you can paint it and you can go back and

repair it.

And that was one of the reasons why we went

with the six foot because everybody suggested, if I'm

going to go with three feet, people walking up to the

store, they're going to put their cigarette out right

there where you can go out with a power washer and

clean it on brick, which you can't do that on EFIS.

MS. PARLOVE: Sure. I understand. And also,

I don't have any problem with the facade being the

configuration that it is. I don't think you need any

more transparency as far as adding windows or changing

that.

In my travels, I notice that when EFIS has

not been painted, it looks just a little bit tired and

that's about the only option, at this point. If the

budget is such that this is what you need to do in

order to move forward, I can sympathize with that.

But, at the same time, we're trying to move everything

forward in the City. We've got a lot of people

interested that are doing things that are bringing

businesses in. They're also improving what they have.

And so what you're doing is you're drawing

attention to yourself in a very positive way by

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improving your business at the same time as you're

going to be an example for your neighbor at Little

Caesars, he's going to start to improve as well. We're

looking to you to continue doing what you've done at

this point with this improvement, if you can continue

to maintain that exterior, if it is the EFIS.

MR. YONO: I mean, after spending the money I

plan on spending, I have no choice but to keep it up.

MS. PARLOVE: Okay. Good. All right. Those

are all my questions. Thank you.

THE CHAIRPERSON: Thank you.

Commissioner Payne, please.

MS. PAYNE: I'd just like to say good evening

and thank you so very much for your interest in -- in

doing some improvements on your building. And so I

really do appreciate that. One of the things that --

questions that I had was windows. But I guess -- now,

that looks like -- is that, like, a two-story or is

that

MR. YONO: It is a two-story building. It

used to be apartments up there but they're just empty,

so --

MS. PAYNE: Okay. So what --

MR. YONO: That's one of the reasons why it

costs so much and so much EFIS, is because it's a

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two-story building.

MS. PAYNE: Okay. So what are you putting up

there now?

MR. YONO: It's just going to stay like it

is. We'll be changing the windows and leaving it.

MS. PAYNE: No apartments?

MR. YONO: No.

MS. PAYNE: Okay. So are there any plans for

signage? You said their

MR. YONO: Not right now. If we do, only

suggestion we were thinking about doing is just putting

''Perry's Palace'' on the tower, if that was an option.

MS. PAYNE: Okay.

MR. YONO: In that area.

MS. PAYNE: Okay. And, then, sir --

MR. YONO: It would be more like an EFIS

bubbled out, painted a different color.

MS. PAYNE: Is there like a -- did I see an

enclosed dumpster anywhere?

MR. YONO: No, there's not an enclosed

dumpster.

MS. PAYNE: So

MR. YONO: But that -- that could be an

option, right, where the dumpster is on the side.

MS. PAYNE: That would be great, if that's

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I mean, I don't know if it's possible.

MR. YONO: That would be one of the options

when Little Caesars removes that landscaping because

there's landscaping behind it and we would be fencing

it off between my dumpster and his dumpster where it

would be sitting back there.

MS. PAYNE: Okay. And parking. With the new

improvement, I'm sure you're going to have an increase

in customers.

MR. YONO: That's one of the reasons why

we're trying to get the landscaping taken out with

Little Caesars so we can share parking.

MS. PAYNE: Okay, great. Smart. Okay. And

project timeline, beginning and end?

MR. YONO: As soon as I can get approval.

MS. PAYNE: Okay.

MR. YONO: My contractor said probably within

a month we should be complete.

please.

MS. PAYNE: In a month?

MR. YONO: Yeah.

MS. PAYNE: Wow. Okay. Well, thank you.

MR. YONO: Thank you.

THE CHAIRPERSON: Commissioner Fegley,

MS. FEGLEY: I don't have any comments.

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THE CHAIRPERSON: Okay. Yes, Justin,

actually, this is kind of in my front yard or my

backyard, one way or the other. I'm on Oliver Street.

I remember that market when it was Giglio's Market.

Did it show up on the title?

MR. YONO: Yeah, they're on the title.

THE CHAIRPERSON: Well, the good news is

you're doing a facade and I want to be kind here but

you're overdue. It needs it. And what are your plans

for the parking lot; are you going to repave the

parking lot?

MR. YONO: Yes.

THE CHAIRPERSON: Okay. We need your help.

You mentioned Little Caesars and I do business with

them but I know you've been there for 13 years or

thereabouts but you have had a couple altercations.

MR. YONO: We had one incident two years ago

the 4th of July and that was the only problem I've had

there in 13 years.

major one.

THE CHAIRPERSON: Okay. It was a pretty

MR. YONO: Yeah.

THE CHAIRPERSON: Okay.

MR. YONO: Unfortunately.

THE CHAIRPERSON: So we need you as a

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neighbor to help us.

MR. YONO: Oh, I'm in contact with the

Captain all the time. I speak to the Captain all the

time.

THE CHAIRPERSON: Okay. You know, just kind

of-- and I'm a citizen and I happen to be on this

Commission and you're in my neighborhood and we want

business and we want good business and I hope you do

your business continues to grow but, you know,

cleanliness and litter is -- you know, equals

orderliness and that equals safety. And if you'll pull

with Little Caesars to do your best, that area does

get -- I mean, I don't canvas it every day but there's

some litter that populates there, right? I mean --

MR. YONO: Yeah, I got people that go out

there and I go out there myself to try to clean up as

much as I could. And I'll stand out there and a guy

will take his ashtray and dump it right in front of me.

THE CHAIRPERSON: I know. It happens out in

front of my house. So I'm not standing in front of

this. I just -- you know, I'm in your neighborhood,

you're in my neighborhood. We want you to succeed and

I like you're doing-- you know, you're putting a

new facade, it's an improvement because I don't think,

since Giglio's opened in, I don't know, 1948, I don't

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think much has happened. But -- so anyhow, I wish you

the best. This is not a public hearing. So any

further comments or question before we seek a motion?

May we have a motion, please?

MAYOR WATERMAN: I'll do it. A motion that

we approve the site plan PF-15-35 at 441 North Perry

Street for a modification of building design standards,

consistent with Option 2 elevations, subject to

obtaining all permits and reviews from the Department

of Building and Safety.

MS. CADD: I support.

THE CHAIRPERSON: Is that a second?

MS. CADD: Yeah, I support that.

THE CHAIRPERSON: Okay. So we have a move

and a second. Any further comments or questions before

we go to roll call?

May we have roll call, please.

MR. BOWDELL: Mayor Waterman?

MAYOR WATERMAN: Yes.

MR. BOWDELL: Commissioner Cadd?

MS. CADD: Yes.

MR. BOWDELL: Commissioner Parlove?

MS. PARLOVE: Yes.

MR. BOWDELL: Commissioner Payne?

MS. PAYNE: Yes.

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MR. BOWDELL: Commissioner Northcross?

MR. NORTHCROSS: Yes.

MR. BOWDELL: Commissioner Fegley?

MS. FEGLEY: Yes.

MR. BOWDELL: And Chair Thomas?

THE CHAIRPERSON: Yes.

MR. BOWDELL: Motion carries.

MR. YONO: Thank you, guys.

MS. PAYNE: Congratulations.

THE CHAIRPERSON: We wish you the best.

Thank you. Okay. To Item PF-15-36. This is a site

plan review, building addition, 260 Beverly Avenue and

Mr. Sabo will present.

MR. SABO: Thank you, Mr. Chairman. This is

the site here. 260 East Beverly. It's a GM stamping

plant. Site plan review for an expansion at Plant 14,

a single large building addition. That's the north

elevation. It's about 92-, 93,000 square feet.

Last year the Commission approved two other

building additions for truck logistics. This is the

area of the expansion here. This is Beverly and

Highland -- Highwood. Excuse me. This is a close-up.

92,000 square feet. The elevation's pretty straight

forward. It's an industrial building. This is the

front door. This is the exterior front of the factory.

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It's very, very large. Those are -- those two dots are

people so it's a big facility.

Zoning's M-2, general industrial. Future

land use map, entrepreneurial, commercial, industrial

and green. It complies with all the standards of the

2014 master plan.

Update: Planning Commission can consider

this in its review. New construction; building

addition at the north elevation; pre-finished,

insulated metal panels; new front entry area is

reconfigured; new pavement area to replace a

construction removal and they're going to reconfigure

that berm on the east property line with the

construction soil.

The existing building's about 52 feet in

height. They're proposing a building here at 67 feet.

So they need a variance from the Zoning Board for

height.

height.

site.

They are expanding an existing, nonconforming

Everything else complies in this section.

Tree survey, site's completely developed.

Exterior lighting, no changes.

Trash receptacle is taken care of on the

Landscaping all complies.

It's a large site. We allow the landscaping.

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The Planning Commission did adjust that landscape from

for 40 deciduous trees back in 2014 as part of that

other -- all the other two approvals.

Parking as well, it's going to cut into some

of their parking but the Planning Commission adjusted

that parking last year to 1,115 spaces. The rest

complies.

Proposed use and expansion is a combatable

use in an M-2 zone. Site appears to be clear regarding

the building addition. The site's large, should easily

blend in with the facade, single compliance issue is

that height at 67 feet. It's an expansion of an

existing legal nonconforming use but they do need the

height to expand that existing nonconformity.

The rest is pretty straightforward. Proposed

building complies with nearly all those except that

height variance.

Recommendation here is to approve

260 East Beverly with those recommendations, standards,

the 22-foot height variance from the ZBA and the rest

are straightforward.

It's a large industrial site so there's

engineering standards, building construction standards,

fire code standards, et cetera. I'll entertain any

questions. The Petitioner is here as well.

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THE CHAIRPERSON: Thank you, Mr. Sabo. Will

the Petitioner come forward, please.

Mr. Huhta, please state your name and address

for the record.

MR. HUHTA: Sure. Thank you for the

opportunity to be here tonight. I'm Jeff Huhta with

Nowak & Fraus Engineering and we're representing the

applicant here tonight, General Motors.

THE CHAIRPERSON: Always good to see you,

Jeff.

MR. HUHTA: Thank you.

THE CHAIRPERSON: With Mr. Saba's

presentation of the case, anything you'd like to add or

change or modify?

MR. HUHTA: No, I think, in general, as

usual, Mr. Sabo does a very thorough job in the overall

presentation and we'd be happy to answer any questions

that you guys might have.

THE CHAIRPERSON: I actually did the

presentation -- I didn't read it but I -- you know.

MR. SABO: He wrote it for me.

MR. HUHTA: All right.

MR. SABO: Very kind.

THE CHAIRPERSON: Okay. Thank you for that.

This is not a public hearing so, without further ado,

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I'm going to go to Commissioner Northcross, please.

MR. NORTHCROSS: The height item, I was just

trying to find that elevation that would give a picture

of the height. Is that the last one in our package

that says ''Building elevation"?

MR. SABO: Yes, right there.

MR. NORTHCROSS: And that is the 67 -- what

is that? That is --

MR. SABO: 67 feet.

MR. NORTHCROSS: 67 feet?

MR. SABO: Correct.

MR. NORTHCROSS: And that is -- that would

cover everything, even items on top of the building,

like if they were to put any type of cooling or other

items on top. That would be the maximum height of the

building, period, with nothing higher, exceeding --

MR. HUHTA: That's correct.

MR. NORTHCROSS: -- going above that?

Okay. I -- I was looking at -- this looks

like it was just the building. I didn't know if it was

the building and there can be additional things on top

of that.

MR. HUHTA: Yeah, there's not a parapet or

anything like that or mechanical equipment that's going

to be up on the roof.

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MR. NORTHCROSS: Oh, okay.

MR. HUHTA: Everything is below or on grade.

MR. NORTHCROSS: No further questions.

THE CHAIRPERSON: Okay. Thank you.

Commissioner Cadd, please.

MS. CADD: Thank you and welcome. I just

have a quick question for observance. 67 feet, that's

what, another two stories that you're adding for

production?

MR. HUHTA: Well, if you look at the

elevation that you see right there where the ladder

is --

MS. CADD: Yes.

MR. HUHTA: -- that's the height. That, I

believe, is what was referenced, the existing building.

So you're looking at another story on top of that.

MS. CADD: Okay.

MR. HUHTA: That the -- the brick portion of

the building there, it is a little bit higher in

elevation than a standard two-story but that's

basically two stories that you're looking at there.

MS. CADD: Okay. And I drive that way every

morning about 5:00, heading off to work.

MR. HUHTA: Sounds like you get around.

MS. CADD: And I noticed that U.S. Mail comes

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out on Saginaw quite a bit and I see that -- will they

still be sharing-- exiting that way that's

highlighted? If you could show that column, that

little -- right there on the --

MR. HUHTA: The lower left corner, yes.

MS. CADD: Yeah, right there.

MR. HUHTA: Yeah, that is the main access

point for all truck traffic coming into the facility.

MS. CADD: So that wouldn't change?

MR. HUHTA: No.

MS. CADD: Okay. And, just upon curiosity, I

noticed on the other side is where Jimenez Tires is.

And this might be a question for Mr. Sabo, I'm not

sure. And this is your proposal. But there used to be

a railroad track down there. It looked like they

dismantled some of it; is that correct?

MR. HUHTA: Yeah, that old railway

right-of-way has been abandoned.

MS. CADD: It's been abandoned. Because I

know when I lived in California and worked in real

estate, a lot of times, you know, if the railroad

wasn't utilizing that anymore, they would grant it to

you for, like, a dollar.

MR. HUHTA: Yeah, I believe --

MS. CADD: Has anybody approached them to do

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that?

MR. HUHTA: Yeah. I think, for the most

part, most of that railroad right-of-way has been

disposed of over the years.

MS. CADD: Okay.

MR. HUHTA: I know that other property owners

south of this location have already gained title to a

lot of those properties.

MS. CADD: Okay. Leave no ground unturned.

That was just my curiosity. Thank you.

MR. HUHTA: You're

THE CHAIRPERSON: Thank you.

To Mayor Waterman, please.

MAYOR WATERMAN: Yes. You're here again. So

just last year we approved the other expansion in the

Planning Commission for truck operations and logistics.

So this is the next expansion. And it was just a month

ago that I was invited to be there along with

Councilman Carter at GM's Plant 14 toward the

General Motors announcement that they were going to do

$5.4 billion of expansion worldwide, 124 million which

has been brought right here to Pontiac. So I was very

pleased to be part of that announcement.

And so, soon after, just with your

proficiency and efficiency here, you're here with the

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site plans already so-- for a 92,000 square foot

expansion. We just got a few pages here which

indicates the technical expertise that you have.

Everything is there's not much that Building and

Safety had to do to add to it, other than to -- very

detailed plans here, as well, as you always do.

MR. HUHTA: Thank you.

MAYOR WATERMAN: So this is good news for the

City of Pontiac and I see that you are ready to go and

so are we. Okay.

MR. HUHTA: We share in that good news.

Thank you.

MAYOR WATERMAN: All right.

THE CHAIRPERSON: Thank you.

To Commissioner Parlove, please.

MS. PARLOVE: Welcome, good evening.

MR. HUHTA: Good evening.

MS. PARLOVE: Thank you for your beautiful

work. I have no questions.

MR. HUHTA: Thank you.

THE CHAIRPERSON: All right. Thank you.

Commissioner Payne, please.

MS. PAYNE: Good evening and thank you for

your interest in Pontiac --

MR. HUHTA: I'm so

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MS. PAYNE: -- and your support, also. One

of the questions. This is kind of

260 Beverly Avenue, am I correct?

MR. HUHTA: The address? Yes.

MS. PAYNE: Okay. Because GPS system, I did

that yesterday and I'm going wow, I certainly hope that

everyone else is finding the building.

MR. HUHTA: Oh.

MS. PAYNE: Because it takes you right smack

down Beverly, that East Beverly and two houses on the

end and then there's, like, that division of a metal

bar that goes across and I'm going, ''Well, that must be

the place over there.'' So your address is-- I mean,

if anyone Googles that, you're --

MR. HUHTA: We'll have to double check that.

I'm sure our address is what the City tells us it is.

So --

MR. SABO: The -- I have -- Mr. Huhta may

already know this. But I've worked with a GM rep on

addressing some of the address issues related to the

property. So with the -- with this expansion and with

the expansion at 777 Joslyn, they do require additional

addresses and I have been working with GM and their rep

on getting correct addresses.

Now, with that said, I have a GPS, too, and

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sometimes it just can't figure out, just can't figure

it out. Because the sites are large and they're not

specific. They have an address but they're not

necessarily specific to that address, so -- yeah,

occasionally they get

MS. PAYNE: Hey, let's just blame Google.

Oh. I'm done. Thank you.

THE CHAIRPERSON: Commissioner Fegley,

please.

MS. FEGLEY: I don't have any comments.

THE CHAIRPERSON: Okay. Well, I really don't

have any questions either, really. I -- I'm pleased

with this. Of course, I remember- you know, I'm old

enough to remember some of this history. But when

Pontiac Motor was there, a totally self-contained and

Fisher Body, all the way from Joslyn to Baldwin and

Montcalm, the foundry started then Tooling, Final

Assembly, Engineering, everything, anyhow, up to Drive

Away.

So but anyway, today we still have

Stamping and we still have Power Train as major

components. So pleased that GM has a major footprint

here, is a great citizen. As I mentioned to you

earlier, Power Train is one of the great treasured,

frankly, research facilities in the world and it just

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quietly operates up there. Almost no one really

realizes that it's there. So it's a true treasure.

We're grateful for the work. I'm grateful for the work

that you provide for GM. I'm personally grateful that

they're here.

And those are my comments. I just want to

let you know that I'm appreciative and that's in my

neighborhood as well.

MR. HUHTA: Very near.

THE CHAIRPERSON: Okay.

MAYOR WATERMAN: I have one more comment, if

I may, Mr. Chairman. I'd also to just, while we're

talking about the GM Plant 14, just to give a shout out

to the UAW workers over there who were very much the

cheerleaders as that announcement was made about a

month ago. They fancied themselves the small car group

but, as I said in my remarks, they have a big effect.

So just a shout out and good neighbors and

there will be more jobs, too, as a result of this

expansion.

THE CHAIRPERSON: Very good. Thank you.

Any further comments or questions?

May we have a motion, please?

MS. PARLOVE: I make a motion to approve the

proposed site plan review for 260 East Beverly/220.

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East Columbia, PF-15-36, General Motors, LLC, Global

Facilities Plant 14 stamping facility subject to

compliance conditions listed here.

Number one, obtain a building height variance

of 22 feet from the ZBA for Section 2.315 of the zoning

ordinance in the M-2 general industrial district.

Number two, compliance with Engineering

Department conditions for construction plan review

related to on-site water detention and site drainage

standard.

Three, compliance with all building

construction codes and water resources commissioner

requirements.

Four, compliance with all fire code standards

and requirements.

And finally, number five, compliance with all

City of Pontiac's business licensing requirements.

a second.

call?

THE CHAIRPERSON: Very good. Thank you.

May we have a second, please?

MAYOR WATERMAN: Second.

THE CHAIRPERSON: Okay. We have a motion and

Any further comments or question before roll

Mr. Sabo, roll call, please.

MR. SABO: Commissioner Parlove?

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MS. PARLOVE: Yes.

MR. SABO: Mayor Waterman?

MAYOR WATERMAN: Yes.

MR. SABO: Commissioner Northcross?

MR. NORTHCROSS: Yes.

MR. SABO: Commissioner Cadd?

MS. CADD: Yes.

MR. SABO: Commissioner Fegley?

MS. FEGLEY: Yes.

MR. SABO: Commissioner Payne?

MS. PAYNE: Yes.

MR. SABO: Chairman Thomas?

THE CHAIRPERSON: Yes.

MR. SABO: Motion carries unanimously.

Congratulations.

MR. HUHTA: Thank you very much for your

help.

THE CHAIRPERSON: Congratulations, Jeff.

MR. HUHTA: I appreciate it.

THE CHAIRPERSON: Always good to see you.

Let us know how we can help. Thank you very much.

Okay. To the last item on the agenda we

shall go. This is a public hearing. It's PF-15-37,

site plan review, special exception permit for

45905 Woodward Avenue. Mr. Sabo will present.

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MR. SABO: Thank you, Mr. Chair,

Commissioners. This is Oakland Auto Repair site on --

just south of the loop, right-hand side going south.

An aerial view of the site here.

Special exception permit for Class B used

vehicle dealer license at this location classified as

unlimited outdoor retail sales in the C-3 zone

district.

This is a site plan, proposed site plan of

their site. The cars organized at the front and the

side and the center there and then some customer

parking in the rear, pretty straightforward.

This is the existing site as it is today.

Left side, they do share the dumpster in this location

with the carwash next door. And this is from the south

looking north at the site right-of-way there. And then

sort of overall of the site. C-3 commercial future

land use map is the same as the GM parcel,

entrepreneurial, industrial, commercial and green.

Essentially, automobile services was there now. This

is compatible with the 2014 master plan, allows a lot

of flexibility here, light industrial uses, et cetera.

Planning Commission may wish to consider the

master plan when making a decision. No new

construction proposed, new used vehicle sales lot at

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the existing site.

Compliant with all the existing and proposed

setback area bulk requirements and all existing-- it's

a pretty large parcel.

No new signs proposed. However, State does

require a Class B license to have a sign so they'll

have to do that and comply with the sign ordinance.

No trees, no landmark trees, no exterior

lighting changes.

Landscaping, they need 1,346 square feet of

landscaping, they're proposing 1,152, that's

nonconforming. And they need four deciduous trees at

the site.

Applicant's requesting consideration of

section 4.413. And again, that information about the

dumpster just came so this -- it does not apply,

they're in nonconformity for the dumpster enclosure.

He said to me yesterday that he would double

stripe, it's not an issue but it is nonconforming so

they'll have to comply there.

Special Exception Permit Standards:

1, the lot requirement size, it meets that

standards, 27,000 square feet, 173 feet of frontage.

Setback, meets that standard. Woodward Avenue is

really the only frontage and he does meet that

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standard.

2, no adjacent residentially zoned property

here. So site is otherwise organized and neat -- this

is actually kind of the best place you want a used

vehicle dealer license. It back -- or dealer. It

backs up to industrial light industrial property and

fronts on a major commercial corridor, Woodward Avenue.

Vehicle sales lots shall be paved, it meets

this standard. However they need to pave the small

gravel area of their parking lot. That was an

engineering requirement.

Special exception permit standards, these are

all pretty straightforward. I won't belabor these.

Harmonious in accordance with the master

plan, it meets that standard.

Design constructed, operated, meets that

standard.

It's an industrial auto service use, not

change the character, meets that standard. It's been a

commercial building for some time.

Not hazardous or disturbing, may meet that

standard. Some people don't like used vehicle car lots

but I don't think it will change the nature of that

vicinity.

Served adequately by public utilities, meets

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the standards for materials, equipment or operations

that are detrimental. Planning Commission's authorized

to propose conditions of operation.

And meets standard 7 as well.

Planning analysis, in summary here, it's a

sales and service use, reasonably consistent with the

intent of the special exception permit standard and the

C-3 corridor commercial zoned district, a lot appears

to be reasonable.

Consistent with the character of the

neighborhood, master plan calls for height flexibility

and it's not abutting a residential zone district on

any side.

Some ordinance compliance issues, as you

mentioned, 4.413 is asking for modification of those

landscape requirements; I've included those in the

recommendation.

Existing building site is generally a paved

automotive use, pretty straightforward here.

Recommendation is, one, to approve special

exception permit and site plan review for 15-37 subject

to those standards. I won't read them all. But first

is 4.413, changing the landscape from 1,346 to-- I

forget what the number was existing. And then the

other is double striping, five trees, modification of

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the five street trees to the number the Planning

Commission may wish to provide. And then the rest

are -- 4 is not applicable because he does share the

dumpster. And then the Department of Engineering's

standard for paving the gravel portion of the lot.

That's my report. The applicant is not here

this evening. He has a family member, a father-in-law,

in the hospital and cannot be here. He asked me to

convey that to you and he gave me some information that

I may be able to answer some of the questions for him

but I told him I would present his case and he asked

for your consideration in his absence.

THE CHAIRPERSON: Thank you, Mr. Sabo. Would

you take the podium, please.

MR. SABO: I --

THE CHAIRPERSON: Okay. We -- not required.

Thank you for that. So I'm sure there's still going to

be some questions. So let's go, as per normal, to

Commissioner Northcross, please.

MR. NORTHCROSS: Okay. Yes. The -- I

thought the current facility includes auto repair and

U-Haul rental. Is the proposed plan to stop the U-Haul

rental or will that still be part of the operation?

MR. SABO: I believe he is not enamored with

U-Haul; he did that for a couple years. And there are

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no U-Haul trucks there currently. And I think he's

wishing to change out that -- any of this U-Haul use to

used vehicle sales.

MR. NORTHCROSS: Okay. There are now U-Haul

trucks that are parked about two blocks south on

Woodward, right across from -- what is that, Rockwell,

I believe it is? And I was just wondering if that's

the same operation.

MR. SABO: I don't -- I don't think so.

MR. NORTHCROSS: Okay. But, in terms of the

site plans, getting back to the site plans, I don't

have any problems with what's being proposed here.

THE CHAIRPERSON: All set.

Commissioner Cadd, please.

MS. CADD: Thank you. I'm one of their

customers as well. I firmly believe that --

THE CHAIRPERSON: Are you setting up this

agenda; is that --

MS. CADD: No.

THE CHAIRPERSON: My goodness.

MS. CADD: I just am a firm believer, if you

have a business in Pontiac and you live in Pontiac, we

should patronize those businesses

THE CHAIRPERSON: Sure.

MS. CADD: -- so that our tax dollars --

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THE CHAIRPERSON: Sure.

MS. CADD: -- can be used here.

THE CHAIRPERSON: You're doing your share,

right?

MS. CADD: I am. I am. And I'll take over

the U-Haul when I get my business.

I have a question. On the gravel that needs

to be paved, are you going to give them a time limit on

it or is it something has to be done immediately?

MR. SABO: I suggested to him that the

year-end or within a year.

MS. CADD: Within a year, so about 12 months?

MR. SABO: (Nods head.)

MS. CADD: Good to know.

THE CHAIRPERSON: All set?

MS. CADD: That's it. Thank you.

THE CHAIRPERSON: Thank you.

Mayor Waterman, please.

MAYOR WATERMAN: Yes. I guess I'll address

Mr. Sabo as well, since you're serving the place of the

Respondent. The -- they're requesting relief from the

usual landscaping requirements. Why is that relief

being asked for?

MR. SABO: The site is all asphalt. I don't

know if you can kind of see there, he's got -- he does

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some landscape and this could be -- he has not proposed

it but, certainly, he can dress that up a bit with

low -- low shrubs and things of that nature. It's a

display area so I imagine he wants, you know, people to

see his -- his vehicles for sale.

But landscaping available in this area here.

And I don't think I got the north -- yeah. Behind me

in this photo is an area of grass and shrubs as well on

the northeast corner of the site. But mostly it's

because the -- the site is pretty much completely

paved.

I did mention to him, Mr. Holder, that the

Planning Commission may want some flower planting -- or

flower pots or something of that nature to sort of

dress up the -- the front of his facade. So I prepared

him for that.

MAYOR WATERMAN: Okay. Thank you for the

answer to that. And so if it's-- if it's mostly a

matter of just not having the landscaping area to

plant, although you did point out one area that could

increase the landscaping.

MR. SABO: Correct.

MAYOR WATERMAN: I don't know whether that

would increase it the whole 1,000 feet; that is looking

from the conformity but, particularly, because this is

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where it is, this business located along a major

corridor, leading right up into the downtown civic

campus area. I think whereas in some instances we do

grant variances where it becomes difficult to just

logistically to plant, in this case, it's not. And I

would like to see a closer adherence to the

landscaping, given the particular location and the fact

that this is the avenue where there is -- Pontiac is on

showcase and, certainly, the transit hub as it is

perceived for future times. So I think we should

adhere more closely to our conformity in this case.

THE CHAIRPERSON: Thank you, Mayor.

Commissioner Parlove, please.

MS. PARLOVE: I agree with everything the

Mayor has said. I think it's a critical time right

now, especially in that location with M-1 breaking

ground in just a couple weeks, finally -- yeah about

that -- and then the carwash right next door, which is

certainly presenting itself very well.

I think it is critical that this business

also be in harmony with what's going on and because

it's such a sea of asphalt there, I think it's just

that much more important that we get something that's a

softer surface, meaning the landscape in that treelawn,

right there, if it's something that's low, that's

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great. You know, there's always the potential to open

up some of that asphalt, if need be, not that he needs

to do that for -- necessarily but that's an option.

Just because there's asphalt there doesn't prohibit

things from being planted.

The other thing that I noticed, which is part

of what I mentioned earlier is the side of his

building, if you can put up one of the pictures there

where you get the -- either the the gable there.

Both the north and south gables that are brown wood,

they're looking pretty shoddy. They need some

attention and if --

MR. SABO: Okay.

MS. PARLOVE: we can get something done

those at this point in time? They need paint. They

need repair, for sure. And other than that, I don't

have any questions.

THE CHAIRPERSON: Okay. Thank you.

Commissioner Payne, please.

MS. PAYNE: Well, first of all, to the

applicant, best wishes to his family and a speedy

recovery. I, too, had concerns about it just seems

like there's just a lot of pavement going on there.

And I -- are those trees the property line; is that

does that serve --

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MR. SABO: Correct.

MS. PAYNE: -- as the property line?

MR. SABO: That's the

MS. PAYNE: And --

MR. SABO: You can see the change in asphalt

there.

MS. PAYNE: Really. Because coming out of

there, I'm wondering, you know, sometimes when you're

looking in there, are these two of the same businesses,

the carwash and -- but it really needs something there

to divide that and those trees coming out a little bit

further toward the street to help to break up that

it's just too much asphalt, you know. So that would be

my concern.

THE CHAIRPERSON: Okay.

MS. PAYNE: Because it does represent --

THE CHAIRPERSON: Commissioner Fegley,

please.

MS. FEGLEY: So, James, right now, they have

1,152 square feet of landscaping and they need 1,346?

MR. SABO: Right, they're 194 square feet

short.

MS. FEGLEY: Now, is that including all the

grass areas in that 1,152?

MR. SABO: Correct, correct.

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MS. FEGLEY: Okay. So they would, in order

to meet that requirement, have to remove some of the

pavement, then?

MR. SABO: Correct.

MS. FEGLEY: I guess I -- I don't really --

what's there is mostly grass. I would be willing to

reduce the requirement if what is there is dressed up

with more plant -- planting material, perennial flowers

or something, to dress up the front of that. And five

street trees is a lot to try and fit in that one little

patch.

MR. SABO: Yeah.

MS. FEGLEY: I would be willing to reduce it

maybe by one. But other than that, and maybe, you

know, give and take, if they're willing to landscape

and do, like Mona said, fix the gables on the building

and do a little bit of repair to freshen up the facade,

I would not have a problem with reducing the street

trees by maybe one and reducing the landscape

requirements.

MR. SABO: Okay.

MS. FEGLEY: As long as more --more plants

are planted within the grass area.

MR. SABO: Right. I agree.

MS. FEGLEY: And those are just my thoughts.

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THE CHAIRPERSON: Okay. I agree with the

Mayor and with Mona and Commissioner Parlove, as I'm

referring to the proper last name.

But a gateway into Pontiac. But I am

pleasantly not surprised but I am pleased that, for an

automotive commercial, you know, from what is now an

auto repair but is looking for an auto sales, then

moving to a carwash and then moving to a tire store,

they're pretty well maintained so that's a pleasant

you know, that's the good good news in my mind.

But it is a sea of asphalt and it melds one

to another. I don't know that -- unfortunately,

they're not here to talk about it. It would be

interesting if there could be some sort of curbing,

dividing in between, but I'm not going to dictate on

that.

My only comment would be with regard to the

frontage, you know, moving to the west side toward the

cars, between the walk and the cars, you know, some low

profile shrubs.

And then, on the right-of-way -- if you go

back to that previous photo. And then on the

right-of-way, you know, they could do some smart

ornamental trees in there that don't obstruct the site

from a sales perspective but add some -- you know, they

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could be -- you know, there's flowering -- and again,

I'm not dictating but it's just there are flowering

fruit trees now that don't produce fruit. So you don't

have the mess of fruit falling down but they produce a

nice -- you know, and they're kind of semi dwarf so

they don't grow huge and what have you.

So, again, they're not here, we can't

dialogue that with them. So I would trust that to you

for your, you know, discussion with them. But it is

kind of -- and my last statement is, for an auto

commercial centric strip there, from their business to

the auto wash to the tire store, they're really quite

well maintained from litter and that perspective.

So those are my comments. Any further

comments before we go to a motion?

MR. NORTHCROSS: Let me just say that --

THE CHAIRPERSON: Oh, I'm sorry.

MR. NORTHCROSS: I guess the question I would

have is, if we do require the addition of landscape

area, do we also specify where that addition of

landscape area should occur? Thinking that he has,

really, four sides or three sides that he could put

landscape, landscaping on.

But I'm sensing our requirement is more

toward the esthetic value that one would pick up

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driving along Woodward, that if we were to landscape,

we would want it along the front of his building. We

would want it along the front of his building. And I

don't know about just tearing up asphalt to do that.

If there would be some compromise that could occur that

could, one, give that boost in esthetics that we're

looking for but, at the same time, if he has to tear up

asphalt, I guess. I'm not sure.

I've seen that facility there for so long

that I welcome fresh eyes to point out these additional

things that can occur.

At the same time, I'm saying, "Hmm. Yeah,

that has been a pretty well-maintained area there.''

And if we are asking for additional landscaping or some

other changes, I think, the more specific we can be,

the better for everyone involved. And -- and maybe

there's some options they can give us that boost that

we want in appearance.

know --

line.

MR. SABO: Sure.

MR. NORTHCROSS: And at the same time, you

MR. SABO: Yeah, we can -- we can --

MR. NORTHCROSS: keep the costs within

MR. SABO: Absolutely. We can work on that.

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Mr. Chairman, it is public hearing.

THE CHAIRPERSON: Yeah, let's hear from the

public.

Okay. Public hearing is open.

MR. SABO: All right. Just during the public

hearing, if I can mention the State of Michigan

requires him to either contract for an automobile

mechanic within ten miles or to have one on site. And

he told me that he was able to hire a Pontiac resident

for that mechanic position and he's currently on staff

now.

THE CHAIRPERSON: Okay. So public hearing is

closed. A formality but it is what it is. Any further

comments or questions?

It is a little difficult without the

petitioner being here but it is what it is.

MS. PARLOVE: I have something -- I have two

things. It was noted in our packet about the parking

under -- there was letter A and then letter B setbacks.

It mentions here display vehicles must be organized,

must meet the retail auto sales display area minimum

setback. Is that that something that's already

incorporated into what this gentleman will be doing

based on the rendering that was given to us --

MR. SABO: Correct.

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MS. PARLOVE: -- with the --

MR. SABO: Correct.

MS. PARLOVE: Okay. I just wanted to make

sure that was part of it. The other thing is, looking

at this aerial, he's got the gravel that he's going to

be paving over. Can he not necessarily pave over part

of the gravel and that can then take some of the

landscape that's required?

MR. SABO: That's possible. The landscapes

are in the front and side yard and that really is

behind the building facade so that's really kind of the

rear yard.

MS. PARLOVE: Okay.

MR. SABO: So I mean, I can -- I can talk to

him.

MS. PARLOVE: Okay.

MR. SABO: But the engineer wants it paved.

MS. PARLOVE: All of it?

MR. SABO: Yeah.

MS. PARLOVE: We need some asphalt there. We

don't have enough.

MR. SABO: I'm not the engineer.

MS. PARLOVE: I'm just saying. Okay.

THE CHAIRPERSON: Okay. Any further comments

or questions?

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May we have a motion, please?

MS. PARLOVE: Okay. I'll make a motion to

approve the special exception permit and site plan

review for 45905 Woodward Avenue PF-15-37, Capital Auto

Sales, Incorporated, subject to the following

conditions listed:

In accordance with Section 4.413, Planning

Commission modification of Section 4.404 general site

landscaping to maintain the materials, landscape

materials, to 1,346 square feet; compliance with

Section 4.305 standards for double striping; compliance

with Section 4.407, street frontage trees, landscaping

for four additional trees; compliance with Section

4.408, service area screening requirements for dumpster

enclosure screening; compliance with Engineering

Department for paving of gravel lot portion of site;

and compliance with all building code, fire code and

City of Pontiac business licensing requirements.

THE CHAIRPERSON: Thank you. May we have a

second?

MS. FEGLEY: With that motion, then, that's

going to increase the soft scape to 200 square feet,

then, so he'd have to remove some of the asphalt.

MR. SABO: Yeah. With that motion, he has to

remove asphalt.

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MS. PARLOVE: Or not pave over all the

gravel?

MR. SABO: Well, yeah, I imagine. I don't

know how close the gravel is.

MS. PARLOVE: I mean, when you look at the

aerial, there's green -- there's grass right by that

gravel.

THE CHAIRPERSON: It looks like we're back to

this other -- no, that other -- back. Right there.

MS. PARLOVE: It's hard to see.

THE CHAIRPERSON: It looks like it's starting

about right there.

MS. CADD: Yeah, I've seen the U-Hauls there.

THE CHAIRPERSON: Right.

MR. NORTHCROSS: In fact, the aerial view

might be a better shot, going back to the original

aerial view.

MS. FEGLEY: Does he want to park cars there;

is that why the engineer told him it had to be paved?

MR. SABO: Yes.

MS. FEGLEY: Hmm.

MR. SABO: But he

MS. PARLOVE: There it is. See where -- to

the north side of the yellow line there, you know,

there's that grass right there. If there's a tree line

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that's extended back, it doesn't have to be super wide,

he still could park cars there.

MR. SABO: Okay. So you're saying to leave

the other -- the other 200 square feet open here and

just increase landscaping there?

MS. PARLOVE: Sure.

MR. SABO: Okay.

MS. PARLOVE: That would be easiest for him.

MR. SABO: Just clarifying.

MS. PARLOVE: It accomplishes the

requirement.

MS. CADD: Out front.

MS. PAYNE: What's that related view, would

that show up for passing cars?

MS. PARLOVE: Well, it will still soften the

space. I mean, he's struggling to work with what he

has there. And if there's trees in the front, which is

the ideal location for them, for whatever else he needs

to comply with, he can put it off to the side and he

meets the requirements.

then.

as much.

He doesn't have to break up his asphalt,

MR. SABO: Yeah. And he doesn't have to pave

MS. PARLOVE: Right.

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MS. FEGLEY: Second?

THE CHAIRPERSON: Second?

MR. NORTHCROSS: Second.

THE CHAIRPERSON: Okay. So we have a move

and a second. Any further comments or question before

we go to roll call?

Mr. Sabo, roll call, please.

MR. SABO: Commissioner Parlove?

MS. PARLOVE: Yes.

MR. SABO: Commissioner Fegley?

MS. FEGLEY: Yes.

MR. SABO: Commissioner Cadd?

MS. CADD: Yes.

MR. SABO: Mayor Waterman?

MAYOR WATERMAN: Yes.

MR. SABO: Commissioner Payne?

MS. PAYNE: Yes.

MR. SABO: Commissioner Northcross?

MR. NORTHCROSS: Yes.

MR. SABO: Chairman Thomas?

THE CHAIRPERSON: Yes.

MR. SABO: Motion carries unanimously. I

will convey congratulations.

THE CHAIRPERSON: Okay. Congratulations.

Okay. That takes care of the formal agenda or the

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petitions.

MR. SABO: Well, the applicants. We still

have public hearing.

THE CHAIRPERSON: Public hearing. We have

new business.

MR. SABO: New business. But it is a public

hearing.

THE CHAIRPERSON: Oh, public hearing. Okay,

okay. I'm sorry. Thanks. So we have new business.

Mr. Sabo, I guess you probably want to --

MR. SABO: Sure, I will. Okay. In your

packets was a report from me. Mayor and City Council

have been working on ways to potentially regulate the

sale of packaged alcoholic beverages in the City.

October 16th, 2014 was a date that the

proposed ordinance text is related to an enforcement

case we had. It was decided by the Court, the City

prevailed in that case.

City Administrator, as well, requested that

the ordinance text reflect that date for future

enforcement efforts. And the City Counsel requested

the Planning Commission to schedule the public hearing

to review recommended -- to review and recommend text

language for them.

The recommendation here is -- excuse me -- to

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hold public hearing for the ordinance text amendments

and they are here. It's Section 2.515, retail packaged

alcoholic beverage sales. And this is related to some

of the new party store or liquor/lotto stores that we

get; they have to meet this requirement. Many of them

cannot. The one that Commissioner Parlove was

specifically involved with, as a citizen, was

154 South Telegraph. And that was the case that the

City prevailed.

So this is the standard language A, B and C.

These are no more than two properties within a mile, it

can't be within 500 feet of a school or a playground, a

church. There's an exception for businesses that are

over 10,000 square feet. That is the Walgreen,

CVS-type, small grocery store, Spartan store-type

establishments. And then this is the new language in

bold.

Letter D, retail alcoholic beverage sales,

businesses that existed on there before October 16th.

We continue to operate legally subject to these

conditions.

All businesses shall possess a valid

Certificate of Occupancy from the City to operate a

business that was effective on or before October 16th,

2014, a valid, specially-designated merchant or

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specially-designated distributor license from the State

of Michigan, LCC, via the Liquor Control Commission,

with that same October date.

All such retail alcoholic beverage sales

required to obtain a City of Pontiac business license.

All such sales, businesses required to pay the City of

Pontiac income taxes in accordance with Public Act 284

of 1964 and Municipal Code, Chapter 110.

Failure to meet these conditions shall result

in municipal code enforcement action.

And that is the proposed text -- that is

what -- just a point of clarification to the Planning

Commission. That is what we wrote up. That is what

was noticed in the public notice and, if it changes,

which is possible, if you want to change it, if you

have suggestions, that's fine, then we have to

re-notice it and have a different public hearing.

Because this is the language that was -- was in the

public notice.

So it's not a problem but we just have to--

we'd have to do this again.

THE CHAIRPERSON: Okay. Any comments or

question before we go to public hearing?

MS. PAYNE: I have one. A question in

regards to the display of signage. Some of the

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signage, like the beer signs, are extremely large, also

displays of cars and horses and things like that, that

would get the attention of young people who are under

age, to come in and to buy alcohol?

I mean --

MR. SABO: Help me with your question. I'm

trying to

MS. PAYNE: Would we be able to add that in

there about the large -- the large signs that are put

throughout the City here?

MR. SABO: Oh.

MS. PAYNE: And -- and not only that, display

of cars that have the big beer signs and the Jeeps and

the --

MR. SABO: I know.

MS. PAYNE: And the horses and--

MR. SABO: Understood. I'm going to --

Commissioner Payne, if I can, I'm going to defer to

Mr. Bowdell for a moment because we have specific

regulations in the sign ordinance already related to

what I think you're talking about.

And Mr. Bowdell, can you elaborate a little

bit, please.

MR. BOWDELL: I believe what you're referring

to are -- or what you're seeing are properties that

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need enforcement action taken on them. There are

regulations on square footage of any wall sign and

window signs, which I'm assuming that's what you're

referring to.

MS. PAYNE: Yes.

MR. BOWDELL: Which are limited in the sign

ordinance to 25 percent of a window. So anything that

exceeds that, they're in violation. As it relates to

the automobile signs, to my knowledge, I don't know

anything in the ordinance that regulates that, except

that the commercial vehicles cannot be stored on -- on

a normal local business parking lot.

So if it's just a car with a sign on it that

they drive in every day and then drive out and park it

somewhere else at night, that would-- it's just

essentially, it's a vehicle. However, to me, it sounds

like what you're referring to are things that need code

enforcement action taken on, not necessarily tied into

this ordinance.

MS. PAYNE: Okay.

MR. SABO: Thank you, Mr. Bowdell. We do

have ordinances in place to limit signs. Forman Mills,

the new Forman Mills store got approval for a -- the

large sign on the top of the building; they had

approval for that. They're temporary signs, their

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grand opening events, things of that nature. But we

don't have any specific regulations to know what kind

of signs they are or -- so I don't know if that answers

your question

MS. PAYNE: Okay.

MR. SABO: or not.

MS. PAYNE: I think so.

MS. CADD: I think the question Ms. Payne's

asking is kind of what the liquor distributors have

for, like, co-op advertising, where they'll have, like,

a car out there that has a giant six pack on it or

something and it sits there for a week. Is that

considered, like, temporary advertising or --

MR. SABO: That --

MS. CADD: They'll have Clydesdale ponies

with, you know, their beers and --

MR. SABO: Those are -- those are illegal

signs, generally. So it's an enforcement issue with

respect to those signs. So if there is -- if you call

our department and you see a car with a big six pack on

it or something like that, we can send Code Enforcement

officers to address that.

The issue we run into with Code

Enforcement -- and this is just the nature of this

particular issue -- is some of the cat and mouse-type

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of issues. So we go out, we tell somebody they can't

park their vehicle there, they move it and then they're

instantly in compliance. And then we're on to the next

issue and, two weeks later, they park it again and it's

there and we get information about it and we go back

and they move it again. So it's -- it's a challenge,

no doubt, but we -- we do our best to stay on top of

that stuff.

MS. PAYNE: Thank you.

MS. PARLOVE: I have a question.

Is this -- is this the public hearing on this

right now?

MR. SABO: Did you open --

THE CHAIRPERSON: I haven't opened it yet.

MS. PARLOVE: But this is the day to talk

about this?

MR. SABO: This is the day to talk about it.

MS. PARLOVE: This is the public is supposed

to be here inputting?

MR. SABO: Correct.

MS. PARLOVE: Okay. Thank you for that

clarification. I -- because this is such a near and

dear situation to me, when I was finding that my

neighbors were supporting the lack of desire to have an

additional packaged liquor store -- or packaged liquor

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seller in the neighborhood, the thing that we carne

across was Item B and Item C regarding no more than two

properties within a mile of another business trying to

be this type of an establishment.

But, more importantly, C became a big issue

for us when we ran into both a Rite Aid and a

Walgreen's that were right across the street from each

other and well within a mile, they were within a

quarter mile of what this attempted business was trying

to do but they're excluded.

So they're selling but they don't have to

comply; and I take exception to that. I don't

understand why they don't have to comply as part of

this model.

And then, also, what we were experiencing

was, within a mile of this Petitioner's request to

start his business or sell that, sell the product from

his business, we were within a mile of packaged liquor

sales outside of our community, within striking

distance, specifically within Waterford.

So this doesn't specifically account for that

and I think those are critical items as we move forth

because we're going to be going through this again.

Even though someone needs to have a

Certificate of Occupancy and whatever, I mean, that's

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helpful but it doesn't really get to the heart of the

problem here of having too many of these businesses

coming into the community where it's oversaturation.

So I want to address these items, if we can.

MR. SABO: Is that a question?

MS. PARLOVE: Can we do that?

MR. SABO: Yes.

MS. PARLOVE: Is that something we do today

or do we kick it back again?

MR. SABO: Well, if you're going to change C,

we have to re-notice and have a different public

hearing. But let me explain, if I can, C.

MS. PARLOVE: Okay.

MR. SABO: I don't know how come C, the

letter C, is in there. And just so people understand

what letter C is, retail packaged alcoholic beverage

sales within a grocery store or pharmacy with a usable

area of no less than 10,000 square feet, within which

no more than 20 percent of that area is devoted to

display, storage or sale of packaged alcoholic

beverages are exempted from the one-mile requirement

and the-- nobody's exempt from the State requirements,

which is A.

But I don't know how come that got in there

or why it is in there but it's -- it's related to, like

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you said, CVS, Walgreen.

MS. PARLOVE: Uh-huh.

MR. SABO: Rite Aid.

THE CHAIRPERSON: Well, it exists. I mean,

not that it's right or wrong or good or bad.

MR. SABO: Right.

THE CHAIRPERSON: But those full-line

retailers are selling, you know, a variety of products

and, oh, by the way, we're also selling liquor, beer

and wine. And then you have the individual liquor

store that is basically-- well, not basically; that's

what they're in business for is. So it's a

complication, it does -- in a sense it over in a

sense, it -- the regulation over -- allows them to

overpopulate

MS. PARLOVE: Exactly.

THE CHAIRPERSON: -- selling beer, wine and

liquor.

MS. PARLOVE: Exactly.

THE CHAIRPERSON: So I don't know where we go

with that.

MR. SABO: Well, here. I can tell you what

we've experienced since 2011 with all of these -- these

issues.

And this particular ordinance was put in

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place in early 2000s and because of the one-mile

restriction, we haven't had any new approved retail

alcoholic beverage sales because, pretty much, no

property in the City can meet this one-mile

requirement. This, the one that the City prevailed in

court, did not meet it and we did -- we did use the

Waterford location on Voorheis, that was included in

the calculation --

MS. PARLOVE: Okay.

MR. SABO: outside the City.

MS. PARLOVE: Okay.

MR. SABO: We excluded Rite Aid and Walgreen,

obviously, because of letter C. But it still didn't

meet that requirement.

The issue we have is some of the licenses

that are in place or licenses that exist have a legal

right to exist. So the party store up on Walton and

Joslyn has a a valid existing license. And the --

the Michigan State Supreme Court tackled this issue and

is very specific about the legal nonconforming uses and

existing nonconforming uses and, specifically, related

to abandonment of a use. Okay?

So if you have a liquor license at a store

and the store is closed for two years, three years, but

you maintain that license, that license is valid, it's

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paid for, it exists and you are not in that store and

the store is just closed, you didn't tear down the

store, it just happens to be closed, you can open again

in that location.

MS. PARLOVE: Right.

MR. SABO: Legally.

MS. PARLOVE: Right.

MR. SABO: Based on the State Supreme Court's

decision of what an abandonment of a use is.

MS. PARLOVE: Okay.

MR. SABO: Now, if you have that license and

you raze the store --

MS. PARLOVE: Right.

MR. SABO: tear it down --

MS. PARLOVE: Right.

MR. SABO: now the establishment doesn't

exist anymore, that constitutes abandonment of use,

similar to the Clark station here at the end of City

Hall's driveway.

MS. PARLOVE: Okay.

MR. SABO: Had the Clark station never torn

down the pumps, removed the pumps, removed the building

and they just left them there and they were growing

weeds, they could have eventually opened again.

MS. PARLOVE: Sure.

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MR. SABO: As a gas station.

MS. PARLOVE: Sure.

MR. SABO: Because they didn't abandon that

use.

MS. PARLOVE: Right.

MR. SABO: But, since they tore all the pumps

down.

MS. PARLOVE: Right.

MR. SABO: So does that help explain?

MS. PARLOVE: It does. But --

MR. SABO: It doesn't make it easier to deal

with.

MS. PARLOVE: Right.

MR. SABO: But we have to operate within the

parameters of the courts and the law so --

MS. PARLOVE: Sure. For example, one of the

things that we were concerned about is, there is an

establishment within close proximity to where this

Petitioner, at the time, wanted to open his business or

run his business, as he was hoping to. And there were

things that made us wonder, if that store closed, if

they were told to close because they were not operating

as they should and that store would no longer be in

business for whatever time and this particular

Petitioner found that he was now within compliance,

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geographically, within that one mile and the two

businesses that were no longer selling packaged liquor

or packaged beer and wine and that store then reopened

six months or 12 months down the road, they still had

the capacity to do it because they were not an

abandonment but they were not in business.

So here's someone that has, just by a chance

of how things worked out, an opportunity to open a

business and now we're oversaturated again.

We're still dealing with the situation of

this, you know, Rite Aid bigger retailer, not that they

shouldn't be selling beer and wine but I think that

I would prefer that we tighten up this verbiage and

make it crystal clear that it's not going to be any

more than two properties within a mile and I don't

think that these should be excluded. And I think it

also needs to be important that we delineate that other

communities are incorporated within that radius of the

mile and I'd like to see that written in here.

MR. SABO: Well, that's -- outside the

community is already in here just because of the way

it's written.

MS. PARLOVE: Just because it doesn't say?

MR. SABO: Just because it's not, right.

MS. PARLOVE: Okay. All right.

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don't -- I still don't see why the bigger retailer gets

a special pass.

MR. SABO: No, I understand.

MS. CADD: Because that's not their

primary

MS. PARLOVE: Right. That's just like an,

oh, by the way and then the effect.

MR. SABO: Right. Well, that's -- it's up to

you guys.

MS. FEGLEY: The only thing I can say is if a

Kroger ever wanted to come to Pontiac and they wanted

to pick a location that was within a mile of an

existing liquor store and, without this exception, they

would not be able --

MS. PARLOVE: I see what you're saying.

MS. FEGLEY: to have wine or beer and they

might say, ''Well, we're not going to open because that

might -- although that's not our major income, it still

is five to ten percent.'' And--

MS. PARLOVE: I understand.

MS. FEGLEY: I think that's why that

exception is there.

THE CHAIRPERSON: Yeah, that's exactly why.

And I think, of course, you know, rules are written

and, you know, whether it's policed or whatever.

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the rules are written and then there's the

interpretation. So, you know, I mean, ultimately, I

mean, we've been successful -- I mean, I do see the

difference between two different businesses, they -- in

my mind, I think that this says, if it's Bob's Party

Store and Bill's Party Store and they can't be within

one mile of each other, right?

MR. SABO: New ones.

THE CHAIRPERSON: Okay. New ones. Well, I

mean, if Bill's is already there and Bob's is proposing

to be there --

MR. SABO: Correct.

THE CHAIRPERSON: they have to be at least

a mile apart?

MR. SABO: Correct.

THE CHAIRPERSON: And so I concur with you

with regard to, you know, Kroger or, you know,

Central Market or --

MR. SABO: Trader Joe's.

THE CHAIRPERSON: -- you know, Trader Joe's

or what have you, they're a different business, it's a

different business model and -- and, you know, they're

really not competing against a liquor store on average.

I mean, you know, they both come with a

different model. So I think we have to address

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my mind, I think we have to address the two entities.

We're delineating the two liquor stores. That, to be

honest, that's kind of where the problematic issue

falls, and it's not with the big box retailers.

So I -- personally, and just personally, I

don't have a problem with the language. Because,

ultimately, they're going to have to appear before us

anyway, right?

MR. SABO: (Nods head.)

THE CHAIRPERSON: So that's just my thoughts,

for whatever it's worth.

MS. PAYNE: And they may sell liquor but

they're not advertising as liquor, they're advertising

as a drugstore.

MS. PARLOVE: No, I understand all that. I

understand all that. It's just how-- how it all

played out geographically, it was it was the

potential was there for something to come in and then,

all of a sudden, that preexisting could start up a

business -- start up again and now we've got more than

what we need in that general vicinity.

And so this doesn't the way it's written,

it doesn't really address how we deal with that because

these people are grandfathered in, so to speak, they're

already-- they're operating and they continue to do

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so, which, you know, makes sense. It's just -- it's

a -- it's a challenge to try and figure out the right

thing to do.

THE CHAIRPERSON: Mayor, please.

MAYOR WATERMAN: Yes. I know that there are

peculiar situations and sometimes you can't -- as

tightly as you try to write something, you can't guard

against every possible procured set of circumstances

that happen. And that's what you're talking about.

But I know the -- this has -- particular item

has been addressed for quite a long time with the

Council's Subcommittee on Community Development who

have worked with this. And one of the things that

we're confronted with was that the State of Michigan

Liquor Control Commission changed their rules.

MR. SABO: That's right.

MAYOR WATERMAN: Instead, they used to come

to the cities and, remember, so many liquor licenses

granted in the cities. That changed over the last

couple years. And so now participants can just go and

get their liquor licenses from the State of Michigan

without any review of what the particular

municipality's zoning ordinance are.

So we get that secondhand and we're kind of

reacting to the fact that there had been that change in

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the State way of handling these licenses.

So I think the subcommittee wrestled with

this for quite some time and came up with something

that they thought was -- conveyed the spirit of what we

wanted in the community. And the ideas that we

didn't we wanted to discourage the density of purely

packaged liquor sales but we didn't want to discourage

the density of other kinds of businesses in which maybe

they happen to have packages sales as a part, a

component.

And that's something that we thought that

this and Item C best represents the way to control

that. Even though we know there may be exceptions,

there may be exceptions within that particular

situation that you can't foresee and because of the

fact the way the laws are written, you really can't

guard against everyone else.

MS. PARLOVE: Okay.

MAYOR WATERMAN: But this is the best

solution, given the fact of the laws, the harmony with

what the Michigan State Liquor Control Commission is

doing as well as the fact that we do have some

grandfathered liquor licenses in and still wanting to,

you know, have the -- particularly the areas that abut

our communities and neighborhoods, to have this density

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of this packaged liquor license --

MS. PARLOVE: Sure. That makes sense.

MR. SABO: Do you want to -- I know

there's

MS. PAYNE: Open.

MR. SABO: Yeah, open the public hearing.

THE CHAIRPERSON: The public hearing is open.

And public hearing is closed.

Okay. Further comments, questions?

MS. CADD: Right here.

THE CHAIRPERSON: Or -- yes?

MS. CADD: I would just like a clarification

because I can see where that's going to impact where I

live, off of Baldwin. I have a question. Like,

Big Daddy's has been there forever. If he was to sell

or whatever, would the next party be able to keep that

liquor license and operate

MR. SABO: Yes.

MS. CADD: -- without any problem?

MR. SABO: Correct.

MS. CADD: Because there's a church right

across the street.

MR. SABO: That's correct.

MS. CADD: And then we have Jalapeno's that

serves liquor with their restaurant and we have

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Safe Plus and

THE CHAIRPERSON: But Jalapeno's, that not

packaged liquor.

MR. SABO: Correct.

MS. CADD: No, it's not packaged but it's

liquor.

MS. PAYNE: That's a restaurant.

MR. SABO: Right.

THE CHAIRPERSON: That's a different

MR. SABO: Right, restaurants are.

MS. CADD: Are exempt?

MR. SABO: Not exempt. They're not the same.

MS. CADD: Okay. And my other question is

this: Right on the corner of Kennett and Baldwin,

there used to be the Ventura Bar and it was bought at

an auction for 30,000 last year and I believe those

people -- I don't know if they're going to try to bring

it as a bar or a restaurant, and that's right across

the street from the same church. So they would be

unable to, with this, unless it was a restaurant,

correct?

MR. SABO: If it's a restaurant, they're

okay. If it's a party store -- I don't know the

answer, I'd have to find out more.

MS. CADD: So if it was a restaurant, they're

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okay?

MR. SABO: A restaurant, they're okay.

MS. CADD: Okay. Because we're overly

invaded with liquor.

MR. SABO: Yeah.

THE CHAIRPERSON: Okay. Further questions or

comments?

Okay. May we have a motion?

MS. CADD: Oh, I do have one other question.

It's kind of off the beaten track here.

THE CHAIRPERSON: Okay.

MS. CADD: We're bringing this up with

packaged liquors. Is this going to come before us when

marijuana is legal?

MR. SABO: I cannot answer that question. I

have no idea.

THE CHAIRPERSON: What time is it? That

sounds like a question for another --

MS. CADD: I was just curious.

MR. SABO: I can tell you what the approach

to the City is. Our ordinance prohibits anything that

is federally illegal.

next year.

MS. CADD: They expect that to change in the

MR. SABO: That's very possible.

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MS. CADD: Yeah.

MR. SABO: I have no idea what's going to

happen with that --

MS. CADD: Okay. Just curious.

MR. SABO: -- those decisions.

MS. CADD: That was it.

THE CHAIRPERSON: Okay. Here we go again.

Any further comments or questions?

Okay. May we have a motion, please?

MS. PARLOVE: I will make the motion, then.

THE CHAIRPERSON: Okay.

MS. PARLOVE: Where is our motion on here?

MR. SABO: I'm sorry.

MS. PARLOVE: Under Recommendation?

MR. SABO: It's to recommend to the Mayor and

City Council the proposed ordinance changes to Section

2.515 of the zoning ordinance.

MS. PARLOVE: Okay. So the motion is to

recommend to the Mayor and City Council for their

consideration, the proposed changes to Ordinance 2.515.

support.

MR. SABO: Correct.

MR. NORTHCROSS: Support.

MS. PARLOVE: See the attached text language.

THE CHAIRPERSON: Okay. We have a move and

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MR. NORTHCROSS: Support.

THE CHAIRPERSON: Any further comments or

questions before we go to roll call?

Okay. Mr. Sabo, roll call, please.

MR. SABO: Commissioner Parlove?

MS. PARLOVE: Yes.

MR. SABO: Commissioner Northcross?

MR. NORTHCROSS: Yes.

MR. SABO: Mayor Waterman?

MAYOR WATERMAN: Yes.

MR. SABO: Commissioner Payne?

MS. PAYNE: Yes.

MR. SABO: Commissioner Cadd?

MS. CADD: Yes.

MR. SABO: Commissioner Fegley?

MS. FEGLEY: Yes.

MR. SABO: Chairman Thomas?

THE CHAIRPERSON: Yes.

MR. SABO: Motion carries unanimously.

have nothing further.

business?

THE CHAIRPERSON: Okay. Any unfinished

Any other items?

MS. CADD: I have one.

THE CHAIRPERSON: Okay. Go ahead.

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MS. CADD: I'll be very quick. I just wanted

to say the potholes that have finally been corrected on

Hollywood and Tennyson.

THE CHAIRPERSON: That's a sink hole, not a

pothole.

MS. CADD: Sink holes, three of them. There

was one

THE CHAIRPERSON: Did they lose any houses in

that thing?

MS. CADD: No, but it was almost big enough

to lose a car or a couple of kids. So I wanted to say

thanks.

THE CHAIRPERSON: Good. Okay. Anyone else,

any --

MR. NORTHCROSS: And if I may quickly, if

it's not too much of a change in procedure process, if

you could send out my package as a PDF file as opposed

to on paper, I would request that.

MR. BOWDELL: I normally, we could and we

can do -- definitely have the reports. Any of the

renderings, they come in all different sizes and it's

sort of impossible besides sending multiple attachments

to actually scan a PDF of the entire packet, due to

the --mainly the renderings.

MR. NORTHCROSS: Would it be possible ~o use

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maybe a cloud site that would have access and just go

in that way?

MR. BOWDELL: I

MR. NORTHCROSS: Could you put things up on

the cloud?

MR. BOWDELL: I'm not familiar with that. I

don't know. It's possible.

MR. NORTHCROSS: Something like a One Drive

or a Google Drive or whatever you call it or a Drop Box

or something and go in that way?

MR. SABO: I'll tell you what. We can--

we'll do what we can. We certainly don't want to use

any more paper or cause any more issues to the

environment. So we-- we'll--

MR. NORTHCROSS: Yeah.

MR. SABO: Why don't you

MR. NORTHCROSS: I tend to use I just tend

to use an HDMI device and go in and look at it on my TV

screen

MR. SABO: Sure.

MR. NORTHCROSS: -- which is much larger --

MR. SABO: Yes.

MR. NORTHCROSS: than my actual monitor at

home and it actually eases my eyes.

MR. SABO: I would imagine.

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MR. NORTHCROSS: Have a little mercy on this

old guy. So if it's not too much out of the way, you

know, just go in and create those files maybe using

some type of cloud storage device that has limited

access.

THE CHAIRPERSON: Just to make headway, for

whatever it's worth, I should cast my vote for still

hard package. That doesn't mean you can't but

MS. PAYNE: Second.

THE CHAIRPERSON: Okay. Public comments.

I'd like to make a comment and I'll do this

while we don't have too many meetings now before

July 25th. But on July 25th, we are having a vacant

land fair. They are -- roughly speaking, these are not

houses, these are vacant parcels. There are, roughly

speaking, about 1,000 parcels in the City and, you

know, we're looking for buyers. This will be July the

25th. It's going to be at Goldner Walsh. Time is

likely to be in the morning. We haven't quite set that

yet. Commissioner Parlove is a part of this as is

Commissioner Payne. Mayor certainly is involved as

well and so is Commissioner Northcross.

So anyways, you know, there are any number of

ways to re-purpose, it could be a nursery, you know, it

could be a flower plot, you know, it could be an

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orchard, it could be a tree stand. You're only limited

by creativity but these are extraordinarily affordable

City parcels that need new owners. So please, kind of

to the public, please keep that in mind, July 25th.

We're going to have an announcement here in the paper

real soon so-- and we'll keep you posted. But,

anyway, I wanted to make that public comment.

MS. CADD: Are these non-buildable parcels?

THE CHAIRPERSON: No, they're vacant parcels.

MS. CADD: They don't limit the size?

THE CHAIRPERSON: Well, they're vacant

inasmuch as more than likely, more often than not,

their houses were demolished and they just stand

vacant.

MS. CADD: Is there a list of those

addresses? Because I know there's ones right by me.

THE CHAIRPERSON: Well, there will be.

MS. CADD: Okay.

THE CHAIRPERSON: But that's what the vacant

land fair is for. I mean, if you're looking for

anything in advance, Garland Doyle is your contact

point. But, for the people up there, if they're

interested in contacting Garland Doyle prior to that

time, they're welcome to.

And so let me know. This vacant land fair is

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set up to facilitate and help people identify the

parcel number on the map, give them the tax overview,

tell them how to go about buying and what they can

re-purpose it for, basically nonstop answer their

questions there.

Whereas if -- if you start to go to Garland,

it's going to be kind of a you know, kind of a

question and answer scenario.

MS. CADD: Do you know the starting price or,

like, if you purchase it within a

THE CHAIRPERSON: No, I don't. Just

extraordinarily affordable.

MS. CADD: -- what the taxable value will be?

THE CHAIRPERSON: Well, that's what this is

about.

MS. CADD: Okay.

THE CHAIRPERSON: We're going to have the

Oakland County Tax Unit there to answer those

questions. So if you see a parcel you like --

MS. CADD: July 25th?

THE CHAIRPERSON: -- then they're going to be

right there to answer that.

MS. CADD: Okay.

THE CHAIRPERSON: And that's why they're

setting it up, to answer all the questions.

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you know, no one single person has all the answers.

MS. CADD: Is that a weekend?

MS. PARLOVE: Saturday.

THE CHAIRPERSON: July the 25th is a

Saturday.

MS. CADD: Saturday. All day?

THE CHAIRPERSON: No, no, no, no. I think

we're going to do it 9:00 to 12:00. And so we'll give

you more information as we go forward with it but I

wanted to mention that for the public and for this

Commission.

So anything further?

MAYOR WATERMAN: Thank you. I would like to

add comment to this meeting. One of the things is

that, as we talk about our packets, one of the things

I've asked in line with the City Council members have

asked, that they be apprised of the issues. So we're

going to make it a matter of course and I talked to

Gordon Bowdell about it today, about sending the

agendas to City Council members.

Of course, we don't have access right now,

the capacity, to do packets to everybody online. And

we do want this to be online so it's of ease of

transmission. But that way we'll acquaint all the City

Council members of the things that are happening in

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their districts and throughout the City.

And then there were a couple of just

announcements about things that have happened recently

that we can report on that this Commission has interest

in.

And one of those is that the economic

recovery plan that we've been working on with Oakland

County from the EDA grant now entitled Pontiac Moving

Forward which tells the theme of that particular plan

was submitted to the EDA by the deadline date, in fact,

a couple days early. So that is now a part of

Pontiac's recovery and a part of its revitalization.

So that will the link is available and it

will soon be available on the website as soon as

it's City Council has a chance to formally accept

it. So that has been something that has been long

coming. It establishes a number of principals about

Pontiac's redevelopment pillars of urban reorganization

and highlights some of the priority redevelopment areas

in the City of Pontiac.

So that's well worth reading for anybody

who's interested in any of those. And there's a way

for anybody who wants to participate in that

revitalization to have a part in that with all the

different strategic plans that are listed there.

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And also, this past week, as we've been

talking about, there is an adjunct of the master plan

steering committee, the advisory committee, that has

been working as their project's to benefit the City on

the vacant land campaign. And there was a State group

that came down to work on a day-long seminar and tours.

And they did submit their report about their thoughts

about the blight program as well as what happens

post-blight and that was how we want to get a good

forecast of the various ways that we can use these

vacant properties.

So I hope that will -- report will be used to

structure this vacant land fair that we're talking

about. Because we want to make sure that there are

certain parameters that, as we sell these lots, to make

sure that they get put in the hands that will develop

them in long ways, that will be in accordance with the

kinds of observations that were made as a part of the

study and that's being entertained by this group.

And I thank them for taking the --

undertaking this for the City and resulting in this

very comprehensive study.

Thank you.

THE CHAIRPERSON: Excellent. Well said.

Okay. Any further comments, questions?

Okay. May we have a motion for adjournment.

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1 MR. NORTHCROSS: So moved.

2 MS. CADD: Moved.

3 MR. NORTHCROSS: Support.

4 THE CHAIRPERSON: All in favor, ''aye''.

5 BOARD MEMBERS: Aye.

6 THE CHAIRPERSON: Okay. Thank you very much.

7 See you next month.

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(Meeting was concluded at 9:09p.m.)

* * * *

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135

C E R T I F I C A T E

I, Mona Storm, do hereby certify that I have

recorded stenographically the proceedings had and

testimony taken in the meeting, at the time and place

hereinbefore set forth, and I do further certify that

the foregoing transcript, consisting of (134) pages, is

a true and correct transcript of my said stenographic

notes.

~ .. ::0$\~ Mona Storm CSR-4460

S T 0 R M R E P 0 R T I N G (810) 441-0898